K
Kamarudin bin Mohamed Chinki
Chang & Kamarudin 1 appearance
About Kamarudin bin Mohamed Chinki
Kamarudin bin Mohamed Chinki has appeared as counsel in 1 judgment in the MY Case Law database, spanning May 2025 to May 2025. Role breakdown: counsel for appellant (1). Appearances span the Court of Appeal (1).
1
Appearances
1
Roles
1
Firm
No
Senior Counsel
How many court cases has Kamarudin bin Mohamed Chinki appeared in?
Kamarudin bin Mohamed Chinki has appeared in 1 published judgment from May 2025 to May 2025. Appearances span the Court of Appeal (1).
Practice Areas (from case appearances)
In this appeal, the appellant, Julasiri bin Akilmara, had initially been convicted alongside a co-accused, Aspal, for trafficking 137.03 grams of methamphetamine under Section 39B of the Dangerous Drugs Act 1952. Both were sentenced to life imprisonment and caning. While the Court of Appeal agreed with the High Court’s finding that the appellant was in possession of the drugs, it found a significant procedural error regarding the trafficking charge. Specifically, the High Court failed to inform the appellant whether he was required to defend himself against actual trafficking under Section 2 or presumed trafficking under Section 37(da), each of which carries different burdens of proof. 1 Relying on binding precedents such as Bong Sing Seng v PP, the Court held that this omission amounted to a miscarriage of justice because an accused must know the exact nature of the case he needs to answer. As a result, the trafficking conviction was deemed unsafe. Nevertheless, because possession was proven, the Court substituted the trafficking conviction with a conviction for possession under Section 12(2) DDA, punishable under Section 39A(2). The appellant was resentenced to 12 years’ imprisonment and exempted from whipping due to his age. 1