JEFRI v Pendakwa Raya

b-05m-75-03-2023 Court of Appeal (Mahkamah Rayuan) 28 October 2024 • B-05(M)-75-03/2023 • 20 min read

3 cases cited (0 SG, 3 foreign)

Outcome

The death sentence imposed on the appellants by the High Court is set aside and substituted with imprisonment of 30 years from the date of arrest on 24.4.2019 and 12 strokes of whipping.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (b-05m-75-03-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Appeal against conviction and sentence - Section 39B(1)(a) Dangerous Drugs Act 1952 – Appellant sentenced with imprisonment of 30 years from the date of arrest and 12 strokes of whipping – Whether the appellant had custody and control of the backpack – Whether appellant was the one who rented and/or registered for the room – Whether the mixed DNA profile obtained from the underwear supports the appellant’s defence as to the existence of the third person.

Practice Areas

Criminal Procedure Criminal Law

Judges (3)

Che Mohd Ruzima bin Ghazali Coram Noorin binti Badaruddin Delivered Wong Kian Kheong Coram

Counsel (5)

Attorney General's Chamber Firm Gooi & Azura Firm Azura Binti Alias Counsel Appellant Faizal @ Amrin Bin Noor Hadi Counsel Respondent Ooi Pen Lyn Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Jefri Appellant

Statutes Cited

Criminal Procedure Code (Cap 593)

Dangerous Drugs Act 1952 (Cap 234)

Evidence Act 1950 (Cap 56)

Cases Cited (3)

MY (3)

[1956] 22 MLJ 2367 [1970] 2 MLJ 143 [2007] 4 CLJ 337

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (b-05m-75-03-2023)