Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Substitution of charge
  • 27 Nov 2024

    Mohd Fauzi Bin Shaari [ ]

    Citation
    K-05(SH)-274-06/2022 (Mahkamah Rayuan)
    Court
    SH
    Case number
    K-05(SH)-274-06/2022 (Mahkamah Rayuan)

    The Court allowed the appeal in part: it accepted the prosecution's representation to substitute the original s39B trafficking charge to an offence under s6 (possession) punishable under s39A(2) because the prosecution consented and the evidence supported possession by the appellant; the sentence was adjusted accordingly while the separate conviction under s12(2) was maintained; sentencing balanced public interest and mitigation.