15 Nov 2022
AHMAD SHARIL BIN JANORDIN
- Citation
- BA-42S-41-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-42S-41-12/2021 (Mahkamah Tinggi)
Preventive detention under POCA does not amount to punitive double jeopardy that bars later criminal prosecution or sentence; section 19D permits concurrent attribution of POCA detention with a criminal sentence and section 19G preserves the State's right to prosecute; because the appellant did not properly raise a plea of autrefois at trial and facts showed serious culpability, the High Court dismissed the appeal and affirmed the Sessions Court sentence of 12 years imprisonment from date of arrest and two strokes.