Eric Bong King Xiang v Public Prosecutor

Appellant(s): Eric Bong Jing Xiang

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YAA Datuk Hajah Azizah binti Haji Nawawi
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Dato Alwi Bin Abdul Wahab

• The appellant was charged with two counts of drug trafficking under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA 1952) for possessing 751.0 grams of methamphetamine and 407.0 grams of ketamine.
• Customs officers, acting on intelligence, conducted surveillance at a bus terminal and apprehended the appellant immediately after he collected a suspicious parcel containing the impugned drugs.
• The High Court found a prima facie case, and after the defence, convicted the appellant on both charges and sentenced him to death by hanging, which led to this appeal.

• Whether the prosecution had proven beyond reasonable doubt that the appellant was in possession of the drugs, satisfying the elements of custody, control, and knowledge under Section 39B(1)(a) of the DDA 1952.
• Whether the High Court correctly drew inferences from the facts and evidence to establish knowledge and trafficking, and if alleged material gaps, tampering, or investigative failures rendered the conviction unsafe.
• Whether the death sentence imposed was proper and in accordance with the law, having regard to the discretionary sentencing powers introduced by the Abolition of Mandatory Death Penalty Act 2023 (Act 846).

• The Court of Appeal upheld the High Court's findings on conviction, affirming that the appellant had custody and control of the parcel, and that his actions (such as dropping the parcel when confronted) indicated knowledge of its contents.
• The Court found no reason to disturb the trial judge's rejection of the appellant's "innocent carrier" defence as an afterthought, noting the lack of corroborating evidence for his claims and the unreliability of his witness.
• The Court set aside the death sentence, exercising its discretion under the amended Section 39B(2) of the DDA 1952 (Act 846), and replaced it with concurrent sentences of thirty years' imprisonment and twelve strokes of whipping for each charge, commencing from the date of arrest.