MUHAMAD FAISOL BIN NOR@NORDIN

MUHAMAD FAISOL BIN NOR@NORDIN

The High Court held the guilty plea was valid and unequivocal because the Sessions Court adequately explained the nature and consequences and the plea was made by the appellant himself; the amended charge and the chemical report were properly presented and served; the mandatory sentence under the Dangerous Drugs Act 1952 (as read with Criminal Justice Act 1953) was correctly imposed; therefore there was no ground to disturb conviction or mandatory sentence and the appeal was dismissed.

Citation
KA-42H-1-01/2022 (Mahkamah Tinggi)
Parties
Perayu / Appellant: Muhamad Faisol bin Nor@Nordin; Respondent / Public Prosecutor: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2023
Case Number
KA-42H-1-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (drug Offence) / Appeal Against Conviction and Sentence to the High Court (hearing on Merits)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Guilty Plea Validity, Mandatory Sentencing, Service of Chemical Report, Charge Particulars, Appeal Against Sentence
Source Language
Malay/English
Criminal Law Narcotics / Dangerous Drugs Law Procedure and Evidence Guilty Plea Validity Mandatory Sentencing Service of Chemical Report Charge Particulars Appeal Against Sentence

Case Brief

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Parties

Muhamad Faisol bin Nor@Nordin

Perayu / Appellant

Pendakwa Raya

Respondent / Public Prosecutor

Procedural Posture

Criminal Appeal (drug Offence) / Appeal Against Conviction and Sentence to the High Court (hearing on Merits)

Legal Issues

  1. 1 Whether the guilty plea was valid and unequivocal given the appellant was unrepresented at trial
  2. 2 Whether the amended charge sufficiently specified number and weight of cannabis plants
  3. 3 Whether the chemical (laboratory) report was duly served and admissible

Ratio Decidendi

The High Court held the guilty plea was valid and unequivocal because the Sessions Court adequately explained the nature and consequences and the plea was made by the appellant himself; the amended charge and the chemical report were properly presented and served; the mandatory sentence under the Dangerous Drugs Act 1952 (as read with Criminal Justice Act 1953) was correctly imposed; therefore there was no ground to disturb conviction or mandatory sentence and the appeal was dismissed.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction and sentence of life imprisonment (30 years from date of arrest) and 6 strokes of the cane affirmed