Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya]
s-05sh-160-04-2023 Court of Appeal (Mahkamah Rayuan) 18 June 2025 • S-05(SH)-160-04/2023 • 4 min read
Catchwords
Drug trafficking – Dangerous Drugs Act 1952 – Section 37(da)(xvi) – Statutory presumption of trafficking – Rebuttable presumption – Possession of 2,774.3g methamphetamine – Custody, control, knowledge – Evidence sufficient to trigger presumption. Defence – Innocent carrier – Alleged third party “Teh” – Information incomplete, insufficient, no independent evidence – Trial judge correctly evaluated defence and inferred wilful blindness. Wilful blindness – Appellant aware of suspicious circumstances – High remuneration of RM5,000 for delivery – Opportunity to inspect baggage – Deliberate failure to inquire – Court correctly inferred knowledge. Overt act of trafficking – Not required in all cases – Possession with knowledge sufficient under s.2 DDA – Evidence of carrying and concealment adequate – Trial judge did not err. Presumption of trafficking – Trial judge specified presumption triggered by possession exceeding threshold – Defence required to rebut on balance of probabilities – No error in application. Accused representation – Appellant represented by counsel – No duty on trial court to explain legal effect of presumption or standard of proof – Section 257 CPC inapplicable. Appeal dismissed – Conviction and sentence affirmed – Life imprisonment – No whipping due to age of appellant (50 years)
Practice Areas
Judges (3)
Parties (2)
Case Significance
Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated June 18, 2025 (citation: s-05sh-160-04-2023). The panel comprised Azhahari Kamal bin Ramli, Azman bin Abdullah and Noorin binti Badaruddin, with Azhahari Kamal bin Ramli delivering the judgment.
Key issues: Defence – Innocent carrier – Alleged third party “Teh” – Information incomplete, insufficient, no independent evidence – Trial judge correctly evaluated defence and inferred wilful blindness..
What was the outcome of Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya]?
Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal decision dated June 18, 2025. The case was heard by Azhahari Kamal bin Ramli. See the full judgment for details.