PUTRAJAYA: The Court of Appeal has upheld the life imprisonment sentence on a trader for trafficking 213.58g of methamphetamine and increased his corporal punishment from five to 12 strokes of the cane.
A three-member bench comprising Justices Datuk Dr Choo Kah Sing, Datuk Dr Lim Hock Leng and Datuk Mohd Radzi Abdul Hamid dismissed Leong Kwang Yew’s appeal against his conviction and sentence of life imprisonment, which, under the law, carries a term of 30 years’ jail.
However, the court allowed the prosecution’s cross-appeal on the caning and substituted the five strokes imposed by the High Court with 12 strokes.
Justice Choo said the Kota Kinabalu High Court judge erred when imposing a sentence of only five strokes, which contravened Section 39B (2) of the Dangerous Drugs Act 1952 which states that, where the death penalty is not imposed, the convicted person shall be punished with life imprisonment and no fewer than 12 strokes of the cane.
In the panel's grounds of judgment dated Wednesday (June 3), Justice Choo said the court found that Leong’s conviction was safe and that there was no merit in any of the grounds raised in his appeal.
He said Leong’s statement regarding the drugs found in a condominium, his conduct in leading the police to the premises, pointing to the drawer, and handing over the drugs to a police officer demonstrated actual knowledge.
He said the prosecution made it clear at the start of the trial that its case was premised on presumed trafficking under Section 37(da) of the Dangerous Drugs Act.
"The appellant did not show how he had been prejudiced by the learned trial judge’s omission to state whether he had to meet a case of presumed trafficking or actual trafficking at the defence stage," he said.
The defence had argued that the trial judge failed to specify, when ordering Leong to enter his defence, whether it was on the finding of actual possession or presumed possession at the close of the prosecution’s case, which had prejudiced him (Leong) as it left him uncertain of the specific legal burden he had to meet.
Leong, 49, was found guilty by the Kota Kinabalu High Court in August 2023 for trafficking the drug at a condominium unit on the second floor of Block B, Jesselton Condominium, Jalan Bersatu, Damai, Luyang, Kota Kinabalu at about 8.30pm on Sept 11, 2018.
The sentence was to take effect from the date of Leong’s arrest on Sept 11, 2018.
Leong has one more avenue of appeal, which is to the Federal Court. – Bernama
