Back
HIGH COURT MALAYA JOHOR BAHRU
AGUS – Appellant
Versus
PP – Respondent
| Table of Content |
|---|
| 1. issues of conviction and legality of sentencing. (Para 1 , 1 , 2 , 3) |
| 2. arguments on whether appeal includes conviction. (Para 4 , 5) |
| 3. guidelines on sentencing under control of supplies act. (Para 6 , 7 , 8 , 10) |
| 4. court's authority on revisions despite previous affirmations. (Para 12 , 14 , 16) |
| 5. chemist reports as part of the evidence required. (Para 18 , 19 , 20) |
| 6. requirements for confiscation of vessels under the act. (Para 22 , 25 , 26 , 29) |
| 7. discretionary power of courts on property confiscation. (Para 30 , 33) |
| 8. conclusion on the return of the vessel and conditions. (Para 34) |
[1] The issues of the revision are:
(i) Whether the conviction of the appellant can be sustained when one of the ingredients of the charge, ie the diesel was not scientifically proven when tendered as exhibit during sentencing.
(ii) Whether the confiscation of a vessel detained during smuggling of diesel is legal in view of s 26 Control of Supplies Act 1961 (Revised 2006) hereinafter "the Act".
The Background Facts
[2] On 16 July 2014 the applicant/accused was charged under s 20(1) of the Act in the Johor Bahru Sessions Court and pleaded guilty. The accused was unrepresented. The lear
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
