Iun Chung Peng v Public Prosecutor

Appellant(s): Iun Chung Peng

Respondent(s):

• Pendakwa Raya
• [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

• YA Dato' Lee Swee Seng
• YA Dato' Lim Chong Fong
• YA Dato Alwi Bin Abdul Wahab

• The appellant was charged with trafficking 3404.2 grams of Methamphetamine under Section 39B(1)(a) of the Dangerous Drugs Act 1952, an offence punishable by death.
• The appellant was arrested at Tawau Airport after retrieving a silver luggage (P10) from the conveyor belt, which was found to contain the dangerous drugs concealed within various packages.
• The appellant's defence at trial was that he was an innocent carrier, denying any knowledge of the drugs, claiming he was merely transporting the luggage for an acquaintance named "Ah Meng".

• Whether the trial judge erred in finding that the prosecution had established a prima facie case, particularly regarding actual possession, knowledge of the drugs, and the proper invocation of the presumption of trafficking.
• Whether the trial judge correctly evaluated and rejected the appellant's defence of being an innocent carrier, especially concerning the concept of wilful blindness and the alleged failure to investigate "Ah Meng".
• Whether the appellant's previous counsel was incompetent, thereby depriving the appellant of a fair trial and occasioning a miscarriage of justice.

• The Court of Appeal upheld the conviction, finding no appealable error in the trial judge's finding of actual possession, inferred knowledge (based on the appellant having the luggage code and wilful blindness), and the correct invocation of the statutory presumption of trafficking.
• The Court affirmed the trial judge's rejection of the innocent carrier defence, noting the appellant's wilful blindness despite having the opportunity to inspect the luggage contents and the insufficient details provided about "Ah Meng".
• The Court dismissed the allegation of counsel incompetence, stating that the high threshold for flagrant incompetence causing a miscarriage of justice was not met, and the conviction was supported by compelling evidence.
• The Court allowed the appeal on sentence, commuting the death penalty to 30 years imprisonment with 12 strokes of whipping, to run from the date of arrest.