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

JURISDICTION – CHOOSING THE RIGHT COURT: THE SEA JUSTICE CASE HIGHLIGHTS WHERE MARITIME DISPUTES SHOULD BE HEARD

In The Sea Justice cases [2024] 2 Lloyd’s Rep 383 and [2024] 2 Lloyd’s Rep 429, the Singapore courts tackled a key question: which country should handle a maritime dispute when incidents span international waters? After examining the location of the collision, existing limitation funds in China, and witness availability, the courts concluded that China was the more appropriate forum. This ruling highlights that courts will often defer to the jurisdiction with the closest ties to the incident, ensuring efficient and fair handling of cross-border maritime disputes. This approach is also relevant in Malaysia, where similar principles apply.

Read More »
17 11 月 ,2024 尚無留言

BREACH OF CONTRACT – FORCE MAJEURE – FORCE MAJEURE UNPACKED: WHEN ‘REASONABLE ENDEAVOURS’ DON’T BEND CONTRACT TERMS

The UK Supreme Court clarified the limits of force majeure clauses, ruling that “reasonable endeavours” do not require a party to accept alternative performance outside the agreed contract terms. This decision emphasizes that force majeure clauses are meant to uphold, not alter, original obligations – even in unexpected circumstances. The case serves as a reminder for businesses to define alternative options explicitly within their contracts if flexibility is desired.

Read More »
17 11 月 ,2024 尚無留言

NEGLIGENCE – MEDICAL NEGLIGENCE – HOSPITAL ACCOUNTABILITY REINFORCED: COURT UPHOLDS NON-DELEGABLE DUTY IN MEDICAL NEGLIGENCE

In a landmark ruling, the court reinforced the hospital’s non-delegable duty of care, holding that even when services are outsourced to independent contractors, the hospital remains accountable for patient welfare. This decision emphasizes that vulnerable patients, reliant on medical institutions, must be safeguarded against harm caused by third-party providers. The ruling ultimately rejected the hospital’s defense of independence for contracted consultants, underscoring a high standard of duty owed to patients.

Read More »
17 11 月 ,2024 尚無留言

CONTRACTS – CONTRACT FOR THE SALE OF GOODS FOB – REMOTENESS OF DAMAGES IN BACK-TO-BACK CONTRACTS – COURT DEFINES LIMITS ON LIABILITY

In a complex dispute involving back-to-back contracts, the court clarified the boundaries for assessing damages, emphasizing that a chain of contracts does not automatically ensure liability passes through. Although substantial losses resulted from delays and disruption, the court highlighted the importance of the remoteness of damages, noting that each contract’s unique terms ultimately limited liability. This decision emphasise the need for parties in chain contracts to carefully define indemnity and liability provisions, as damages are assessed based on foreseeability rather than simply the structure of linked agreements.

Read More »
17 11 月 ,2024 尚無留言

TORT – BREAKING CONFIDENTIALITY – COURT CRACKS DOWN ON INSIDER LEAKS AND CORPORATE CONSPIRACY

In a recent ruling on corporate confidentiality, the court held two former employees liable for disclosing sensitive business information to a competitor, deeming it a breach of both employment contracts and fiduciary duties. This case highlights the serious consequences of unauthorized sharing of proprietary data and reinforces that such disclosures can lead to substantial legal and financial repercussions, even for the receiving parties if they knowingly benefit from confidential information.

Read More »
17 11 月 ,2024 尚無留言
zh_TWZH
en_USEN ms_MYMY zh_TWZH
× 联系我们