Yew Huoi, How & Associates | Leading Malaysia Law Firm

Menu

DANGEROUS DRUGS — TRAFFICKING — EXAMINATION OF DRUG TRAFFICKING CHARGES AND DEFENSE CLAIMSDOUBT — DANGEROUS DRUGS ACT 1952 S 39B

Illustrative Scenario

X was caught with two slabs of plant material in his sling bag, which was later identified as cannabis. X’s defense was that he had no knowledge of the drugs in the bag and claimed that the sling bag did not belong to him. X stated that he picked up the bag from another person named Y.

Issues

  • Whether the possession of the drugs was for the purpose of trafficking?
  • Whether X’s statement and defense successfully raised a reasonable doubt in the prosecution’s case?

Legal Principles & Law

  • Section 2 Dangerous Drugs Act 1952: Defines various acts related to dangerous drugs, including manufacturing, importing, exporting, keeping, concealing, buying, selling, giving, receiving, storing, administering, transporting, carrying, sending, delivering, procuring, supplying, or distributing any dangerous drug without authority under the Act or its regulations.
  • Section 39B Trafficking in Dangerous Drugs:
    1. (1) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Malaysia—
      (a) Traffic in a dangerous drug;
      (b) Offer to traffic in a dangerous drug; or
      (c) Do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.
    2. (2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than twelve strokes.
  • Section 8 Evidence Act 1950: Discusses conduct such as absconding or fleeing after the commission of an offence. However, evidence of mere absconding or flight is not a vital circumstance that can be considered to show that the absconder had a guilty mind.

Application and Sentencing

  • The court applied the legal principles to the facts and determined that:
    1. The amount and manner of carrying the cannabis suggested an intent to traffic, as outlined in S.39B of the Dangerous Drugs Act 1952.
    2. X’s defense of lack of knowledge and ownership was insufficient to raise a reasonable doubt, consistent with S.8 of the Evidence Act 1950, which requires credible evidence to support such claims.
  • Consequently, the court found X guilty of trafficking in dangerous drugs and sentenced him to the mandatory penalty of death by hanging.

Reference Cases

  • Zulfikar V PP [2001] 1 SLR 633
  • Warner v Metropolitan Police Commissioner [1969] 2 AC 256
  • Tan Ah Tee & Anor v Public Prosecutor [1978-1979] SLR 211
  • Wong Nam Loi v PP [1998] 1 CLJ 37
  • Tunde Apatira & Ors v PP [2001] 1 CLJ 381
Back to Latest Legal Updates

Recent Post

STRATA MANAGEMENT – MANAGEMENT FEE SHOWDOWN – RESIDENTIAL VS. COMMERCIAL – WHO’S PAYING FOR THE EXTRAS?

In a landmark decision in Aikbee Timbers Sdn Bhd & Anor v Yii Sing Chiu & Anor and another appeal [2024] 1 MLJ 94 , the Court of Appeal clarified the rules on maintenance charges and sinking fund contributions in mixed strata developments. Developers and management corporations can impose different rates based on the distinct purposes of residential and commercial parcels. The judgment emphasizes fairness, ensuring residential owners bear the costs of exclusive facilities like pools and gyms, while commercial owners aren’t subsidizing amenities they don’t use. This ruling highlights the importance of transparency in budgeting and equitable cost-sharing in mixed-use properties.

Read More »
16 12 月 ,2024 尚無留言

ILLEGALITY OF UNREGISTERED ESTATE AGENTS’ CLAIM – FINDER’S FEES AND ILLEGALITY: COURT DRAWS THE LINE ON UNREGISTERED ESTATE AGENTS

In a pivotal ruling, the Court of Appeal clarified that finder’s fee agreements are not automatically void under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. The Court emphasized that illegality must be specifically pleaded and supported by evidence, and isolated transactions do not trigger the Act’s prohibition. This decision highlights the importance of precise pleadings and a clear understanding of the law’s scope.

Read More »
16 12 月 ,2024 尚無留言

COMPANIES ACT – OPPRESSION – DRAWING THE LINE: FEDERAL COURT DEFINES OPPRESSION VS. CORPORATE HARMS

In a decisive ruling, the Federal Court clarified the boundaries between personal shareholder oppression and corporate harm, overturning the Court of Appeal’s findings. The Court held that claims tied to the wrongful transfer of trademarks belonged to the company, not the individual shareholder, reaffirming that corporate harm must be addressed through a derivative action rather than an oppression claim.

Read More »
16 12 月 ,2024 尚無留言

COMPANIES LAW – WHEN DIRECTORS BETRAY: COURT CONDEMNS BREACH OF TRUST AND CORPORATE MISCONDUCT

In a stark reminder of the consequences of corporate betrayal, the court found that the directors had systematically dismantled their own company to benefit a competing entity they controlled. By breaching their fiduciary duties, conspiring to harm the business, and unjustly enriching themselves, the defendants were held accountable through significant compensatory and exemplary damages, reaffirming the critical importance of trust and integrity in corporate governance.

Read More »
16 12 月 ,2024 尚無留言

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
zh_TWZH
en_USEN ms_MYMY zh_TWZH
× 联系我们