Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu

CRIMINAL LAW – DANGEROUS DRUGS – JUDICIAL SCRUTINY IN DRUG TRAFFICKING CASES: BALANCING DEFENSE ARGUMENTS AND COMMUNITY SAFETY

Illustrative Scenario:

Police officers, acting on a tip-off about drug trafficking, conducted a raid at an apartment in Selangor. Posing initially as municipal officers for a mosquito inspection, they gained access to the apartment. Upon being confronted by Chief Inspector TM, the first appellant, a Nigerian male, attempted to close the door but was overpowered by the officers. In the ensuing chaos, he and the second appellant, a South African male, attempted to escape; one via the balcony, and the other was later found hiding in the ceiling. Dangerous drugs were found inside the apartment in a plastic bag.

Issues:

  • Whether the appellants successfully challenged the presumption of trafficking under section 37(da)(iiia) of the Dangerous Drugs Act 1952.

Laws & Legal Principles:

  • Dangerous Drugs Act 1952 (DDA 1952): Sections concerning trafficking and presumptions related to drug offenses.
    • Section 39 DDA 1952 – Trafficking in dangerous drugs.
    • Section 37 DDA 1952 – Presumption.
  • Penal Code Act 574: Addresses the punishment for offenses committed within Malaysia.
  • Kidnapping Act 1961: Details penalties for abduction and related crimes, emphasizing harsh sentences for ransom-related offenses.
  • Criminal Procedure Code: Section 289(a) provides specific conditions under which sentencing variations can apply.

Application and Sentencing:

The first and second appellants were found guilty and each sentenced to 20 years in prison and 18 strokes of the cane. The third appellant, also sentenced to 20 years, was exempted from caning under section 289(a) of the Criminal Procedure Code due to particular mitigating factors. The severity of the sentences reflects the court’s intent to use these cases as deterrents against similar crimes, especially considering the appellants were first-time offenders and former students in Malaysia.

Reference Cases:

  • Muhammad Isa Bin Aris & Ors v PP [2011] 5 MLJ 342
  • Khairudin Bin Hasan v PP [2010] 6 MLJ 145; [2010] MLJU 648
  • Teh Hock Leng v PP [2010] 1 MLJ 741
  • Mohd Haikal Bin Mohd Khatib Saddaly & Ors v Public Prosecutor [2009] 4 MLJ 305
  • Krishna Rao Gurumurthi v PP & Anor Appeal [2009] 3 MLJ 643
  • Teng Howe Sing v Public Prosecutor [2009] 3 MLJ 46
Back to Latest Legal Updates

Recent Post

NAVIGATION AND SHIPPING LAW – COLLISION REGULATIONS – COLLISION AT SEA – A WAKE-UP CALL FOR ADHERING TO NAVIGATION RULES

The collision between the FMG Sydney and MSC Apollo highlights the critical importance of adhering to established navigation rules. Deviations, delayed actions, and reliance on radio communications instead of clear, early maneuvers can lead to disastrous outcomes. This case serves as a stark reminder for mariners: follow the rules, act decisively, and prioritize safety above assumptions.

Read More »
12 January ,2025 No Comments

SHIPPING AND ADMIRALTY IN REM – A SINKING ASSET – COURT ORDERS SALE OF ARRESTED VESSEL TO PRESERVE CLAIM SECURITY

In a landmark admiralty decision, the High Court ordered the pendente lite sale of the arrested vessel Shi Pu 1, emphasizing the principle of preserving claim security over the defendant’s financial incapacity. The court ruled that the vessel, deemed a “wasting asset,” could not remain under arrest indefinitely without proper maintenance or security. This case reinforces the necessity for shipowners to manage arrested assets proactively to prevent significant financial and legal repercussions.

Read More »
12 January ,2025 No Comments

EMPLOYMENT LAW – IS DIRECTOR A DIRECTOR OR EMPLOYEE? UNPACKING DUAL ROLES IN EMPLOYMENT LAW

The Court of Appeal clarified the dual roles of directors as both shareholders and employees, affirming that executive directors can qualify as “workmen” under the Industrial Relations Act 1967. The decision emphasizes that removal as a director does not equate to lawful dismissal as an employee unless due process is followed. This case highlights the importance of distinguishing shareholder rights from employment protections, ensuring companies navigate such disputes with clarity and fairness.

Read More »
12 January ,2025 No Comments

COMMERCIAL CONTRACT – FORCE MAJEURE OR JUST EXCUSES? LESSONS FROM LITASCO V DER MOND OIL [2024] 2 LLOYD’S REP 593

The recent decision in Litasco SA v Der Mond Oil and Gas Africa SA [2024] 2 Lloyd’s Rep 593 highlights the strict thresholds required to invoke defences such as force majeure and trade sanctions in commercial disputes. The English Commercial Court dismissed claims of misrepresentation and found that banking restrictions and sanctions did not excuse payment obligations under the crude oil contract. This judgment reinforces the importance of precise contractual drafting and credible evidence in defending against payment claims, serving as a cautionary tale for businesses navigating international trade and legal obligations.

Read More »
1 January ,2025 No Comments

SHIPPING – LETTER OF CREDIT – LESSONS FROM UNICREDIT’S FRAUD CLAIM AGAINST GLENCORE

The Singapore Court of Appeal’s decision in Unicredit Bank AG v Glencore Singapore Pte Ltd [2024] 2 Lloyd’s Rep 624 reaffirms the principle of autonomy in letters of credit and highlights the high evidentiary threshold for invoking the fraud exception. Unicredit’s claim of deceit was dismissed as the court found no evidence of false representations by Glencore, emphasizing that banks deal with documents, not underlying transactions. This case serves as a critical reminder for international trade practitioners to prioritize clear documentation and robust due diligence to mitigate risks in financial transactions.

Read More »
1 January ,2025 No Comments

LAND LAW – PROPERTY SOLD TWICE: OWNERSHIP NOT TRANSFERRED IN FIRST SALE

This legal update examines the Court of Appeal’s decision in Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] 1 MLJ 1, which reaffirmed the binding nature of valid Sale and Purchase Agreements (SPAs) and the establishment of constructive trust. The court dismissed claims of deferred indefeasibility by subsequent purchasers and a chargee bank, emphasizing the critical importance of due diligence in property transactions. The decision serves as a cautionary tale for financial institutions and vendors, reinforcing the need for meticulous compliance with legal and equitable obligations.

Read More »
1 January ,2025 No Comments
en_USEN
zh_TWZH ms_MYMY en_USEN
× Contact Us