Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Alternative sentencing
  • 8 Aug 2023

    YAP YEE HUAT [ ]

    Citation
    B-05-266-08/2021 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    B-05-266-08/2021 (Mahkamah Rayuan)

    The Court held the trial judge correctly rejected the innocent carrier defence because the appellant exhibited wilful blindness; there was no basis for an adverse inference under s114(g) because the prosecution could not locate Kelvin and Tai from the details given; s39B(2A) had been repealed so the mandatory death sentence was set aside and substituted with life imprisonment (treated as 30 years) and 12 strokes; conviction was therefore affirmed and sentence substituted.