PENDAKWA RAYA Pendakwa Raya TERTUDUH BOO CHERK SIANG
17 cases cited
(2 SG, 15 foreign)
Catchwords
CRIMINAL LAW – Dangerous Drugs – Trafficking charge – Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 -Whether accused had custody and control and knowledge of the drugs – Accused seen driving a motorcar - Entering the toll plaza – During implementation of the Movement Control Order - Was asked to stop by police for inspection – Did not have a valid permit to cross border – Accused alone in the motorcar – Drugs found inside the shoe on the footrest of the back passenger seat – Accused seated in the driver’s seat – Accused in close proximity with the drugs - Direct evidence of possession – Conduct of the accused looking worried, afraid, concealing something and unable to answer question - Whether knowledge of the drugs can be inferred from conduct of the accused – Whether third party could have accessed the motorcar – Inconsistencies in the Raiding Officer’s evidence – Absence of DNA and fingerprint evidence of the accused - Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven. CRIMINAL PROCEDURE - Defence – Whether the accused version is probable – Accused borrowed the motorcar from a friend – Motorcar was handed over to the accused by friend’s wife – Accused claims the shoe does not belong to him - The shoe does not fit the accused – Accused seated in front in the driver’s seat- Could not have seen and known the presence of drugs inside the shoe – Located underneath the front passenger seat on the footrest of the back passenger seat - Whether the accused’s version cast reasonable doubt over the prosecution’s case – Whether presumption of trafficking rebutted on the balance of probabilities. CRIMINAL PROCEDURE - Sentencing – Dangerous Drugs – Whether sentence of life imprisonment should be imposed rather than death penalty – Abolition of Mandatory Death Penalty Act, 2023, 554.
Practice Areas
Counsel (4)
Parties (2)
Case Significance
PENDAKWA RAYA Pendakwa Raya TERTUDUH BOO CHERK SIANG is a High Court (Mahkamah Tinggi) decision dated July 10, 2025 (citation: jb-45a-14-10-2021). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.
Key issues: CRIMINAL PROCEDURE - Sentencing – Dangerous Drugs – Whether sentence of life imprisonment should be imposed rather than death penalty – Abolition of Mandatory Death Penalty Act, 2023, 554..
What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH BOO CHERK SIANG?
PENDAKWA RAYA Pendakwa Raya TERTUDUH BOO CHERK SIANG is a High Court decision dated July 10, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.
Statutes Cited
Cases Cited (17)
SLR (2)
[2000] 4 SLR 589 [2001] 1 SLR 633
MY (15)
[1963] 1 MLJ 263 [1969] 2 MLJ 89 [1992] 4 CLJ 2028 [1994] 2 MLJ 576 [1997] 1 CLJ 233 [2005] 4 MLJ 314 [2006] 3 MLJ 193 [2009] 1 CLJ 717 [2010] 8 CLJ 392 [2013] 3 MLJ 773 [2017] 1 CLJ 575 [2017] MLJU 1443 [2018] 6 CLJ 133 [2020] 9 CLJ 151 [2022] MLJU 169
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (jb-45a-14-10-2021)