Seow Boon Seng v Pendakwa Raya

Appellant(s): Seow Boon Seng

Respondent(s):

• Pendakwa Raya
• [Timbalan Pendakwa Raya]

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Noorin binti Badaruddin

• The appellant and his wife (the second accused) were jointly charged under section 39B(1)(a) of the Dangerous Drugs Act 1952, read with section 34 of the Penal Code, for trafficking 31,177.8 grams of methamphetamine.
• The dangerous drugs were discovered in two bags found on the floor of the master bedroom in the appellant's house during a police raid.
• The High Court, at the close of the defence case, convicted the appellant and sentenced him to life imprisonment (30 years), but acquitted the second accused.

• Whether the High Court erred in finding that the appellant had custody, control, and knowledge of the dangerous drugs, thereby failing to raise reasonable doubt against the prosecution's case.
• Whether the High Court erred in rejecting the appellant's defence as a bare denial and afterthought, despite its similarity to the second accused's defence which was accepted.
• Whether the High Court's failure to provide a comprehensive explanation for acquitting the co-accused while convicting the appellant, particularly when both were charged with common intention under Section 34 of the Penal Code, constituted a serious misdirection.

• The Court of Appeal unanimously allowed the appellant's appeal, setting aside the High Court's conviction and sentence.
• The Court found that the High Court committed a serious misdirection by failing to explain why the second accused's similar defence was accepted as raising reasonable doubt, while the appellant's defence was rejected, rendering the conviction unsafe.
• The Court reiterated that when co-accused are charged with common intention, and one is acquitted while the other is convicted, the trial judge must provide a thorough explanation for the differential treatment, especially when their defences are similar.