1 Jul 2020
Shaiful Azmi bin Sabri
- Citation
- K-09(H)-44-01/2019 (Mahkamah Rayuan)
- Court
- H
- Case number
- K-09(H)-44-01/2019 (Mahkamah Rayuan)
Conviction was unsafe because the plea-taking process did not satisfy statutory and common-law requirements: the judge failed to ensure the accused unequivocally understood the nature and consequences of the guilty plea (including that life imprisonment equates to 30 years), the factual basis presented did not match the charge, and there was reasonable doubt whether the chemist's report had been properly re-served as required by s399(1) CPC; accordingly the appeal is allowed and the conviction is set aside with a retrial ordered.