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2019 MarsdenLR 126

HIGH COURT MALAYA KUALA LUMPUR
PP – Appellant
Versus
CHOW KUM YUEN – Respondent


Petitioner Advocates:Mohd Radzi Abdul Razak,Fatin Hanum,Kirubini G Subramaniam ,Respondent Advocate: Chris Kooi,Chin Ai Wei

Table of Content
1. sentence imposed in accordance with the severity of drug charges. (Para 155)
2. final sentencing based on demonstrated trafficking. (Para 159)
Sentence

[155] Having heard submissions from respective parties, I found nothing in the evidence to suggest that the requirement under paragraph (d) to s 39B 2(A) DDA was satisfied.

[156] With respect, I find that the submission of learned counsel for the accused that in providing information leading to discovery of the drugs, the accused had assisted in disrupting drug trafficking activities within the meaning of paragraph (d), holds no water.

[157] The act of the accused in providing such information no doubt had led to the discovery of the impugned drugs but this did not have the effect as contended for by learned counsel for the accused. Considering the purpose of the sub-section as a whole, and read together with the Hansard, the said section did not envisage the situation contended for by counsel.

[158] There was therefore no evidence to show that the Accused had assisted an enforcement agency in disrupting drugs trafficking activities.

[159] Having considered the submissions of all parties, I found that there was no materi

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