MOHD FAUDZI OTHMAN vs PP - 2015 MarsdenLR 1224

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1224

HIGH COURT MALAYA ALOR SETAR
MOHD FAUDZI OTHMAN – Appellant
Versus
PP – Respondent

Table of Content
1. overview of appeal process and initial sentencing. (Para 1 , 2 , 3)
2. challenge to prosecution's burden of proof. (Para 19 , 21)
3. jurisdiction and stamping of passport. (Para 22 , 24 , 26 , 28)
4. admissibility of depositions under contested provisions. (Para 35 , 40 , 45)
5. final decision and affirmation of lower court's ruling. (Para 86)

Choo Kah Sing JC:

Introduction

[1] This is an appeal from the Sessions Court, Alor Setar. Where the Sessions Court Judge (SCJ) had on 1 July 2014 convicted the appellant of the offence under s 26A of the Anti-Trafficking In Person And Anti-Smuggling of Migrants Act 2007 (ATIPSOM) and sentenced the appellant to eight years imprisonment.

[2] The appellant was not satisfied with the whole of the SCJ's decision and filed this appeal. The appeal came before me. I considered the oral submissions and written submissions from both sides. On 27 October 2015, I disallowed the appellant's appeal and affirmed the SCJ's decision. The appellant was not satisfied with my decision and subsequently filed an appeal to the Court of Appeal. This judgment serves as my reasons for the decision in dismissing the appellant's appeal.

The Charge

[3] The cha

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2015 MarsdenLR 1224

HIGH COURT MALAYA ALOR SETARMOHD FAUDZI OTHMAN – AppellantVersusPP – Respondent

HIGH COURT MALAYA ALOR SETAR
MOHD FAUDZI OTHMAN – Appellant
Versus
PP – Respondent