Zabariah Mohd Yusof FCJ:

[1] This constitutes the judgment of the unanimous decision of this court. The appellant, a Peruvian national was convicted for the offence of trafficking in dangerous drugs and sentenced to death by the High court, which was subsequently affirmed by the court of Appeal on the following charge:

"That you on 26 February 2013, at about 3.30pm, at International Arrival Hall, Carousel F Level 3, MTB Kuala Lumpur International Airport, in the district of Sepang, in the state of Selangor, did traffic in dangerous drugs to wit 779 grams of Cocaine, and thereby committed an offence under s 39B(1) (a) of the Dangerous Drugs Act 1952 and punishable under s 39B(2) of the same Act."

[2] The appellant appealed to the Federal court, which is the appeal before us against the conviction and the death sentence imposed. At the same time the appellant also raised the issue of the constitutionality of the imposition of the death sentence. This judgment deals with the conviction and sentence issue only. The constitutionality issue on the death penalty is being dealt with in a separate judgment by my learned brother and sister Judges, Azahar Mohamed CJM and Nallini Pathma