JASON HEW KIONG CHEW v Pendakwa Raya

q-05m-338-09-2020 Court of Appeal (Mahkamah Rayuan) 21 April 2024 • Q-05(M)-338-09/2020

Catchwords

Section 39B(1)(a) of the Dangerous Act 1952 - drug trafficking of 211.95 grams of Methamphetamine - appeal against conviction and sentence - whether the Appellant was in the possession of the drugs - application of statutory presumption under Section 37(d) of the DDA 1952 - overwhelming affirmative evidence had shown that the Appellant had control and custody over the drugs - Section 8(2) of the Evidence Act 1950 - Section 9 of the Evidence Act 1950 - discrepancy in the oral testimony - access to the house - Section 144 (g) of the Evidence Act 1950 - Section 54 of the Abolition of Mandatory Death Penalty Act 2023 - a life imprisonment sentence - reduced the minimum number of whippings from 15 to 12 strokes - the interpretation of the term "life imprisonment" - Section 3 of the Criminal Justice Act 1953 (Revised 1988) - term of life imprisonment to be 30 years

Practice Areas

Criminal Law Evidence Criminal Procedure

Judges (3)

Azhahari Kamal bin Ramli Coram Hashim bin Hamzah Coram Mariana binti Haji Yahya Delivered

Parties (2)

Pendakwa Raya Respondent Jason Hew Kiong Chew Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (q-05m-338-09-2020)