Ee Gen You

On the court record

Ee Gen You appears in the reported corpus as criminal-appellate counsel, appearing on both the defence and respondent sides in serious criminal litigation before the Court of Appeal and Federal Court. At the apex he was engaged as respondent's counsel in a Federal Court prosecution appeal against a Court of Appeal decision on four criminal charges, and separately as appellant's counsel in a Federal Court matter concerning the offence of rape under section 376(1) of the Penal Code, which raised a constitutional challenge — whether the procedures invoked under section 265A(2) and (3) of the Criminal Procedure Code were unconstitutional, and whether the appellant had been denied a fair process.

His drug-defence work appears in a Court of Appeal appeal argued on a judgment in Bahasa Malaysia under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952) read with seksyen 34 Kanun Keseksaan (section 34 of the Penal Code), where the issue was sama ada wujud kes prima facie terhadap kedua-dua tertuduh (whether a prima facie case existed against both accused), turning on custody, control and knowledge of the drugs, common intention and an allegation of agent provocateur. A further Court of Appeal matter engaged the mechanics of criminal appeals themselves — Kaedah 105 Kaedah-Kaedah Mahkamah Rayuan 1994 (rule 105 of the Rules of the Court of Appeal 1994), sections 307 and 308 of the Criminal Procedure Code on the procedure for appeal and transmission of the appeal record, section 60(1) of the Courts of Judicature Act 1964 on the powers of the Court of Appeal, and section 422 of the Criminal Procedure Code. The reported matters mark Ee Gen You as counsel engaged in serious criminal appeals, including constitutional challenges to criminal procedure. Appearing on both the defence and respondent sides in these reported matters, he is engaged with the substantive offences, the constitutionality of the procedures used to try them, and the appellate machinery through which convictions and sentences are reviewed, a combination that marks a practice built around serious criminal appeals.