Pendakwa Raya v ILHAM UTAMA SAWAI BIN SUARDI
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Case Significance
Pendakwa Raya v ILHAM UTAMA SAWAI BIN SUARDI is a Court of Appeal (Mahkamah Rayuan) decision dated May 27, 2025 (citation: n-05h-11-01-2024). <p>Prosecution's appeal against the High Court's order that whipping sentences for two cannabis trafficking convictions run concurrently. The Court of Appeal allowed the appeal, holding there is no statutory basis for concurrent whipping and ordering the sentences to run consecutively, following the Federal Court's ruling in Santanasamy v PP.</p> The panel comprised Azizul Azmi bin Adnan, Azmi bin Ariffin and Che Mohd Ruzima bin Ghazali, with Azizul Azmi bin Adnan delivering the judgment. Counsel appearing: Dato' Hanif Hassan (counsel for respondent), Ng Siew Wee (counsel for appellant), Wajih Zakwan Hanif (counsel for respondent).
Key issues: Hukuman sebat di bawah seksyen 39B Akta Dadah Berbahaya 1959, sama ada boleh dijalankan secara serentak, atau harus dijalankan berturut-turut;; kuasa dan budi bicara mahkamah..
Summary
Prosecution's appeal against the High Court's order that whipping sentences for two cannabis trafficking convictions run concurrently. The Court of Appeal allowed the appeal, holding there is no statutory basis for concurrent whipping and ordering the sentences to run consecutively, following the Federal Court's ruling in Santanasamy v PP.
What was the outcome of Pendakwa Raya v ILHAM UTAMA SAWAI BIN SUARDI?
<p>Prosecution's appeal against the High Court's order that whipping sentences for two cannabis trafficking convictions run concurrently. The Court of...