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

STRATA TITLES ACT – DEVELOPER MUST ACCOUNT FOR COMMON PROPERTY COMPENSATION: HIGH COURT IMPOSES CONSTRUCTIVE TRUST

In JMB Kelana Square v Perantara Properties Sdn Bhd & Ors [2025] 12 MLJ 51, the High Court held that a developer who received compensation for land compulsorily acquired for the LRT 3 project could not retain sums attributable to common property. Although the compensation was paid entirely to the developer as registered proprietor, the Court found that part of the acquired land constituted common property, and the developer therefore held RM6.05 million on constructive trust for the Joint Management Body. The decision affirms that JMBs have proprietary standing to recover compensation for common property and that courts will intervene to prevent unjust enrichment in strata developments.

Read More »
1 2 月 ,2026 尚無留言

UNFAIR DISMISSAL – MEDICAL LEAVE IS NOT MISCONDUCT: HIGH COURT UPHOLDS INDUSTRIAL COURT’S PROTECTION OF SICK EMPLOYEE

In Aerodarat Services Sdn Bhd v Lawerance Raj a/l Arrulsamy & Anor [2025] 11 MLJ 26, the High Court dismissed an employer’s judicial review and affirmed that prolonged medical leave does not, by itself, amount to misconduct justifying dismissal. The Court held that the employer failed to prove the critical element of intention not to return to work or unwillingness to perform contractual duties, despite high absenteeism caused by serious illness and surgery. The ruling reinforces that employers must distinguish between genuine illness and misconduct, and cannot rely on medical absence alone to terminate employment.

Read More »
1 2 月 ,2026 尚無留言

WILL AND PROBATE – COURT OF APPEAL INVALIDATES WILL OF 97-YEAR-OLD TESTATOR: CAPACITY, SUSPICION AND UNDUE INFLUENCE PROVED

In Kong Kin Lay & Ors v Kong Kin Siong & Ors [2025] 5 MLJ 891, the Court of Appeal set aside a will executed by a 97-year-old testator, holding that there was real doubt as to testamentary capacity, compounded by serious suspicious circumstances and undue influence by certain beneficiaries. The Court emphasised that while the “golden rule” is not a rule of law, failure to obtain medical confirmation of capacity where doubt exists is a grave omission. Credibility issues with the drafting solicitor, beneficiary involvement in the will’s preparation, and suppression of evidence led the Court to declare the will invalid and order intestacy.

Read More »
1 2 月 ,2026 尚無留言

NOT AN ‘AGREEMENT TO AGREE’: ENGLISH COURT OF APPEAL SAVES LONG-TERM SUPPLY CONTRACT DESPITE OPEN PRICE CLAUSE

In KSY Juice Blends UK Ltd v Citrosuco GmbH [2025] 2 Lloyd’s Rep 581, the UK Court of Appeal held that a long-term supply contract was not unenforceable merely because part of the price was stated as “open price to be fixed”. The Court implied a term that, in the absence of agreement, the price would be a reasonable or market price, noting that the product’s value could be objectively benchmarked against the market price of frozen concentrated orange juice. Emphasising that courts should preserve commercial bargains rather than destroy them, the decision confirms that section 8(2) of the Sale of Goods Act 1979 operates as a saving provision, not a bar to enforceability.

Read More »
1 2 月 ,2026 尚無留言

DISCOVERY APPLICATION – HIGH COURT ORDERS JPN TO DISCLOSE FAMILY TREE — STATUTORY RIGHT OVERRIDES ADMINISTRATIVE SECRECY

In V Kalanathan a/l Veeran v Ketua Pengarah Jabatan Pendaftaran Negara (JPN) & Ors [2025] 12 MLJ 529, the High Court directed JPN to disclose the family tree details of a deceased co-proprietor to assist in probate proceedings. The Court held that such information, recorded in JPN’s digital registers, constitutes a “document” under Order 24 rule 7A ROC 2012 and is not an official secret in the absence of a valid OSA certification. JPN’s reliance on internal circulars was rejected, as statutory rights under the Births and Deaths Registration Act 1957 cannot be curtailed by administrative policy. The ruling reinforces that discovery against government agencies is permissible where necessary to ensure the fair disposal of proceedings.

Read More »
1 2 月 ,2026 尚無留言

PROFESSIONAL NEGLIGENCE – SOLICITOR – PANEL SOLICITORS LIABLE: LITIGATION BRIEF DOES NOT EXCUSE FAILURE TO PROTECT BANK’S SECURITY

In Malayan Banking Bhd v Russell Lua Kok Hiyong & Ors [2025] 12 MLJ 599, the High Court held the bank’s former panel solicitors professionally negligent for failing to safeguard the bank’s proprietary interest in a charged property during litigation. The Court ruled that a solicitor’s duty to protect a client’s interests extends beyond the confines of a ‘litigation-only’ brief, particularly where the risk of loss is obvious and foreseeable. Limitation was held to run only when actual loss crystallised, and all partners were found jointly and severally liable under the Partnership Act 1961. The decision is a clear warning that solicitors must act proactively to protect client interests, even outside their immediate scope of instruction.

Read More »
1 2 月 ,2026 尚無留言
zh_TWZH
en_USEN ms_MYMY zh_TWZH
× 联系我们