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2021 MarsdenLR 844

HIGH COURT MALAYA KUALA LUMPUR
PP – Appellant
Versus
CHEAH WAI LUCK – Respondent


Petitioner Advocates:Nur Asyikin Mokhtar ,Respondent Advocate: Rahamathullah Baharudeen,Bharathi Sinnathamby

JUDGMENT

Mohd Nazlan Mohd Ghazali J:

Introduction

[1] This is a criminal prosecution against the accused for three counts of possession and one charge of trafficking under the Dangerous Drugs Act 1952 ("the DDA ").

[2] At the end of the trial, having examined all evidence, I found that the prosecution had succeeded beyond reasonable doubt in proving the case of possession under s 12 of the DDA , and that of trafficking under s 39B of the same Act. The accused was convicted on the charges and sentenced to death by hanging on the charge of trafficking under s 39B (2) of the Act and a sentence of imprisonment of 3 years for each charge of possession under s 12(2) of the Act and that the sentence of imprisonment to run concurrently from the date of arrest.

[3] This judgment contains the full reasons for the conviction (and the sentence) of the accused on all three possession charges under s 12 of the DDA as well as the trafficking charge under s 39B of the same Act.

The Charges

[4] The accused was charged with an offence of drug trafficking under s 39B (1) (a) of the DDA and three other charges for the offence of drugs possession under s 12(2) of the same Act.

[5] The charges against h


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