Iun Chung Peng v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

s-05m-108-03-2022 Court of Appeal (Mahkamah Rayuan) 10 March 2025 • S-05(M)-108-03/2022 • 27 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

Criminal Law – Dangerous Drugs – Appeal against conviction and sentence - Trafficking in methamphetamine – Possession of luggage containing 3404.2g methamphetamine – Accused arrested at airport – Whether prosecution proved knowledge and possession – Whether statutory presumption of trafficking pursuant to section 37(da)(xvi) of DDA invoked – Whether defence of innocent carrier raised reasonable doubt – Whether nodding gesture admissible as implied admission – Whether wilful blindness applicable – Whether failure to tender CCTV footage fatal – issue on incompetency of counsel- no specific prejudice or flagrant deficiency was shown- Dangerous Drugs Act 1952 section 39B(1)(a), section 39B(2), section 37(da)(xvi), section 37B(1)(b) – Evidence Act 1950 section 114(g) – Criminal Procedure Code section 182A

Practice Areas

Criminal Law

Judges (3)

Alwi bin Abdul Wahab Delivered Lee Swee Seng Coram Lim Chong Fong Coram

Counsel (3)

Rakhbir Singh & Co Firm Dato Sri K. Rakhbir Singh Counsel Appellant Shamala Jaganathan Counsel Prosecution

Parties (2)

Pendakwa Raya Respondent Iun Chung Peng Appellant

Case Significance

Iun Chung Peng v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam ... is a Court of Appeal (Mahkamah Rayuan) decision dated March 10, 2025 (citation: s-05m-108-03-2022). <p>The appellant was convicted of trafficking 3404.2 grams of methamphetamine found in luggage he collected at Tawau Airport and sentenced to death. The Court of Appeal dismissed the conviction appeal, finding the prosecution proved possession and knowledge beyond reasonable doubt and the defence of innocent carrier raised no reasonable doubt, but commuted the death sentence to 30 years imprisonment with 12 strokes of whipping from date of arrest.</p> The panel comprised Alwi bin Abdul Wahab, Lee Swee Seng and Lim Chong Fong, with Alwi bin Abdul Wahab delivering the judgment. Counsel appearing: Dato Sri K. Rakhbir Singh (counsel for appellant), Shamala Jaganathan (prosecution counsel).

Summary

The appellant was convicted of trafficking 3404.2 grams of methamphetamine found in luggage he collected at Tawau Airport and sentenced to death. The Court of Appeal dismissed the conviction appeal, finding the prosecution proved possession and knowledge beyond reasonable doubt and the defence of innocent carrier raised no reasonable doubt, but commuted the death sentence to 30 years imprisonment with 12 strokes of whipping from date of arrest.

What was the outcome of Iun Chung Peng v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam ...?

<p>The appellant was convicted of trafficking 3404.2 grams of methamphetamine found in luggage he collected at Tawau Airport and sentenced to death. T...

Statutes Cited

Dangerous Drugs Act 1952 (Cap 234)

s 39B(1)(a)

Evidence Act 1950 (Cap 56)

Cases Cited (5)

UK (1)

[1969] 2 QB 159

MY (4)

[2007] 4 CLJ 337 [2009] 6 CLJ 93 [2010] 15 CLJ 240 [2018] 6 CLJ 133