PUTRAJAYA: The Court of Appeal has upheld the 30 years’ imprisonment and 12 strokes of the rotan imposed on a tiler for trafficking in 1,024.60gm of cannabis in 2019.
A three-member bench comprising Justices Datuk Hashim Hamzah (now Chief Judge of Malaya), Datuk Mohamed Zaini Mazlan and Datuk Azmi Ariffin dismissed Teh Geok Chin’s appeal against his conviction and sentence.
In the 34-page grounds of judgment, Justice Mohamed Zaini said Teh, who elected to plead guilty to the charge, was barred from appealing the conviction and may only appeal against the sentence imposed under Section 305 of the Criminal Procedure Code.
"An appellate court may set aside a conviction only if the trial court failed to follow the prescribed procedure under Section 173 (b) of the Criminal Procedure Code.
"The appellate court may then set aside the conviction and order that the appellant’s case be retried before the trial court if it finds the trial court did not adhere to the specific procedure,” he said.
However, in Teh's case, the High Court adhered to the procedure outlined under Section 173 (b) of the Criminal Procedure Code.
"The charge was read and explained to the appellant (Teh) in his preferred language, namely Mandarin. The appellant also understood the consequences of his guilty plea,” Justice Mohamed Zaini said.
On Teh’s sentence, he said Teh’s appeal against the sentence of imprisonment and whipping imposed by the High Court cannot be considered as the sentence imposed by the High Court was the minimum by law.
He added that the High Court had only two options, namely the imposition of the death penalty or life imprisonment together with 12 strokes of the rotan.
In October 2023, the High Court sentenced Teh, 47, to 30 years’ jail and 12 strokes of the rotan for committing the offence at an apartment in Jalan Muafakat, Larkin, Johor Bahru, at 12.10am on April 18, 2019.
He was jointly charged with Nguyen Thi Thanh Tuyen, 27, who was later discharged and acquitted. Teh, who initially claimed trial, later changed his plea to guilty after his representation to the Attorney General’s Chambers was accepted.
In his judgment dated Dec 18, 2025 posted on the judiciary’s website, Justice Mohamed Zaini also outlined a 17-point guideline for trial judges to follow before convicting an accused person who pleaded guilty in criminal cases, including involving the death penalty and long jail terms.
He said the guideline was based on the procedures outlined in the Criminal Procedure Code and the principles established by decided cases.
Justice Mohamed Zaini said, among others, the court must verify that the charge is valid and correctly framed in accordance with the rules outlined in the Criminal Procedure Code.
He said the charge must be read out and clearly explained in a language understood by the accused, including essential elements of the offence, and the court must ensure the accused fully understands the charge, the consequences of pleading guilty and the nature and range of punishment that may be imposed, including where the charge carries a mandatory sentence or the death penalty.
Justice Mohamed Zaini said the record of proceedings must clearly show that all the outlined steps have been followed to ensure transparency and any failure to adhere to those guidelines may undermine the validity of the plea of guilty and consequently, the conviction recorded. — Bernama
