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HIGH COURT SABAH & SARAWAK MIRI
PP – Appellant
Versus
LILY KUNYANG & ANOR – Respondent
| Table of Content |
|---|
| 1. accused charged with trafficking in dangerous drugs. (Para 1 , 2 , 3 , 4 , 5) |
| 2. evidence gathered by the prosecution through police operations. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's duty to assess prima facie case. (Para 18 , 19 , 20) |
| 4. essential ingredients for proving drug trafficking. (Para 22 , 23 , 24) |
| 5. doubt in the chain of custody affects prosecution case. (Para 37 , 46) |
The Charge
[1] Lily Kunyang, the 1st accused and Freska Musa, the 2nd accused were jointly charged with having a common intention of trafficking in dangerous drugs under s 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act). The trafficking charge against both of them reads as follows:
"That you, together on the 13 February 2017, at about 2:15 pm, at S/Lot 1695, Lrg Intan 6, Vista Perdana Ph1, Bandar Baru Permyjaya, in the District of Miri, in the state of Sarawak, in furtherance of a common intention of you all, did traffic in dangerous drugs, to wit 102.10 grams of Methamphetamine and you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under subsection 39B(2) of the same act and read together wi
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