Li Zhanlin v Pendakwa Raya [Pendakwa Raya]

b-05sh-287-08-2023 Court of Appeal (Mahkamah Rayuan) 28 May 2025 • B-05(SH)-287-08/2023 • 11 min read

1 cases cited (0 SG, 1 foreign)

Catchwords

Appeal against conviction and sentence – Section 39B(1)(a) Dangerous Drugs Act 1952 – Appellant sentenced to life imprisonment and 15 strokes of whipping – Whether the flagrant incompetence of the trial counsel resulted in a breach of the Appellant fundamental constitutional right to a fair trial - Whether the learned Trial Judge erred in law and in fact in finding the Appellant in mens rea and presumed possession under section 37(d) of the Dangerous Drugs Act 1952 - Whether the learned Trial Judge erred in law and in fact in finding simultaneous actual and presumed trafficking under sections 2 and 37(da) of the Dangerous Drugs Act 1952.

Practice Areas

Appeal against conviction and sentence

Judges (3)

Azmi bin Ariffin Coram Che Mohd Ruzima bin Ghazali Coram Noorin binti Badaruddin Delivered

Counsel (5)

Kit & Associates (Kuala Lumpur) Firm Chew Jee San Counsel Appellant Faizal @ Amrin Bin Noor Hadi Counsel Prosecution Kitson Foong Counsel Appellant Vivian Yew Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Li Zhanlin Appellant

Case Significance

Li Zhanlin v Pendakwa Raya [Pendakwa Raya] is a Court of Appeal (Mahkamah Rayuan) decision dated May 28, 2025 (citation: b-05sh-287-08-2023). <p>The appellant, a Chinese national, was convicted of trafficking 1,508.9 grams of methamphetamine concealed on his abdomen at KLIA 2. The key issues were whether trial counsel's alleged flagrant incompetence breached the appellant's right to a fair trial, and whether the trial judge erred on findings of possession and trafficking. The Court of Appeal dismissed the appeal and upheld the life imprisonment sentence and 15 strokes of whipping.</p> The panel comprised Azmi bin Ariffin, Che Mohd Ruzima bin Ghazali and Noorin binti Badaruddin, with Noorin binti Badaruddin delivering the judgment. Counsel appearing: Chew Jee San (counsel for appellant), Faizal @ Amrin Bin Noor Hadi (prosecution counsel), Kitson Foong (counsel for appellant), Vivian Yew (counsel for appellant).

Summary

The appellant, a Chinese national, was convicted of trafficking 1,508.9 grams of methamphetamine concealed on his abdomen at KLIA 2. The key issues were whether trial counsel's alleged flagrant incompetence breached the appellant's right to a fair trial, and whether the trial judge erred on findings of possession and trafficking. The Court of Appeal dismissed the appeal and upheld the life imprisonment sentence and 15 strokes of whipping.

What was the outcome of Li Zhanlin v Pendakwa Raya [Pendakwa Raya]?

<p>The appellant, a Chinese national, was convicted of trafficking 1,508.9 grams of methamphetamine concealed on his abdomen at KLIA 2. The key issues...

Statutes Cited

Dangerous Drugs Act 1952 (Cap 234)

Federal Constitution

Art 5(1)

Cases Cited (1)

MY (1)

[2016] MLJU 1824