Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya]

s-05sh-160-04-2023 Court of Appeal (Mahkamah Rayuan) 18 June 2025 • S-05(SH)-160-04/2023 • 4 min read

Catchwords

Drug trafficking – Dangerous Drugs Act 1952 – Section 37(da)(xvi) – Statutory presumption of trafficking – Rebuttable presumption – Possession of 2,774.3g methamphetamine – Custody, control, knowledge – Evidence sufficient to trigger presumption. Defence – Innocent carrier – Alleged third party “Teh” – Information incomplete, insufficient, no independent evidence – Trial judge correctly evaluated defence and inferred wilful blindness. Wilful blindness – Appellant aware of suspicious circumstances – High remuneration of RM5,000 for delivery – Opportunity to inspect baggage – Deliberate failure to inquire – Court correctly inferred knowledge. Overt act of trafficking – Not required in all cases – Possession with knowledge sufficient under s.2 DDA – Evidence of carrying and concealment adequate – Trial judge did not err. Presumption of trafficking – Trial judge specified presumption triggered by possession exceeding threshold – Defence required to rebut on balance of probabilities – No error in application. Accused representation – Appellant represented by counsel – No duty on trial court to explain legal effect of presumption or standard of proof – Section 257 CPC inapplicable. Appeal dismissed – Conviction and sentence affirmed – Life imprisonment – No whipping due to age of appellant (50 years)

Judges (3)

Azhahari Kamal bin Ramli Delivered Azman bin Abdullah Coram Noorin binti Badaruddin Coram

Parties (2)

Pendakwa Raya Respondent Aw Fatt Sin Appellant

Case Significance

Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated June 18, 2025 (citation: s-05sh-160-04-2023). The panel comprised Azhahari Kamal bin Ramli, Azman bin Abdullah and Noorin binti Badaruddin, with Azhahari Kamal bin Ramli delivering the judgment.

Key issues: Defence – Innocent carrier – Alleged third party “Teh” – Information incomplete, insufficient, no independent evidence – Trial judge correctly evaluated defence and inferred wilful blindness..

What was the outcome of Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya]?

Aw Fatt Sin v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal decision dated June 18, 2025. The case was heard by Azhahari Kamal bin Ramli. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (s-05sh-160-04-2023)