ERIC BONG JING XIANG v Pendakwa Raya

q-05m-430-09-2022 Court of Appeal (Mahkamah Rayuan) 24 June 2024 • Q-05(M)-430-09/2022 • 17 min read
4 cases cited (0 SG, 4 foreign)

Outcome

We therefore set aside the death sentence and replace it with imprisonment for thirty years to run concurrently, along with twelve strokes of whipping for each charge.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (q-05m-430-09-2022). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

An analysis of a court case outlines likely grounds of appeal for an appellant convicted of drug trafficking, including challenging the High Court's findings on the credibility of defence evidence, particularly regarding the involvement of a friend ("Tar Wan") and alleged WeChat messages.The appeal would also likely contest the inference of the appellant's knowledge and possession of the illicit contents and challenge the handling of digital evidence, arguing that the seized phone lacked expected communication records. Additionally, the appeal would contend that the defence evidence was sufficient to raise reasonable doubt, which the High Court failed to adequately consider. We therefore set aside the death sentence and replace it with imprisonment for thirty years to run concurrently, along with twelve strokes of whipping for each charge. The imprisonment shall commence from 26 September 2019, the date of the appellant’s arrest.

Practice Areas

Criminal Law Criminal Procedure

Judges (3)

Alwi bin Abdul Wahab Coram Azizah binti Haji Nawawi Coram Mohamed Zaini bin Mazlan Delivered

Counsel (6)

Attorney General's Chambers Firm Osman Ibrahim Co. Firm Roger Chin & Co Firm Atiqah binti Abdul Karim @ Husaini Counsel Respondent Mohd Ossman bin Ibrahim Counsel Appellant Roger Chin Boon Tat Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Eric Bong Jing Xiang Appellant

Statutes Cited

Criminal Justice Act 1953
s 3
Evidence Act 1950 (Cap 56)
s 114(g)

Cases Cited (4)

MY (4)
[1956] 1 MLJ 237 [1956] MLJ 28 [2009] 1 CLJ 717 [2010] 5 CLJ 240

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (q-05m-430-09-2022)