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2018 MarsdenLR 591

COURT OF APPEAL PUTRAJAYA
PP – Appellant
Versus
TIONG WEE KIET – Respondent


Petitioner Advocates:Mohd Taufik Mohd @ Mohd Yusoff ,Respondent Advocate: Augustine Liom

Table of Content
1. charges against the accused under drug act. (Para 1 , 2 , 3 , 4)
2. charges relate to drug trafficking and possession. (Para 5)
3. trial results in acquittal leading to prosecution appeal. (Para 6 , 7 , 8)

[1] The Accused, Tiong Wee Kiet was charged with 4 charges under the Dangerous Drugs Act 1952 ( DDA ).

[2] The 1st and the 2nd charges are for trafficking in a dangerous drug, to wit 73.02 grams of 3,4-Methylenedioxymethamphetamine (MDMA) and 189.6 grams of Ketamine, respectively. Both of these offences are under s 39B(1)(a) of the DDA and carry the mandatory death sentence under s 39B(2) of the same.

[3] The 3rd charge is for possession of a dangerous drug, to wit 12.38 grams of Methamphetamine which is an offence under s 12(2) of the Act and punishable under s 39A(1)(r) of the same.

[4] The 4th charge is for possession of a dangerous drug, to wit 9.8 grams of Nimetazepam which is an offence under s 12(2) of the Act and punishable under s 12(3) of the same.

[5] These 4 offences were alleged to have been committed in a room at a house bearing the address at No 3B, Lorong Lada 14A, Sibu, Sarawak on 10 December 2014 at about 8.10 p.m.

[6] At the end of the prosecutio

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