Abu Bakar Jais FCJ (Majority):

Introduction

[1] Of importance to note in this case is the sole issue of whether sentences of whipping could be executed concurrently or only consecutively in the event such sentences are given in respect of more than one.

Relevant Facts

[2] When the appellant appeared before us for the appeal, the prosecution informed that they would not proceed with the charge on trafficking of drugs under s 39B(1)(a) of the Dangerous Drugs Act 1952 (' DDA '). The appellant had been convicted by the High Court for this charge and sentenced to death. Subsequently, the Court of Appeal had dismissed the appellant's appeal for this conviction. Instead, the prosecution informed us that they would offer the appellant the lesser charge of possession of the drug on two separate charges. First, under s 12(2) of the punishable under s 39A of the and the other under s 6 of the with common intention under s 34 of the Penal Code.

[3] The appellant then pleaded guilty to the charge for possession of the drug. We then ordered that the conviction under s 39B(1)(a) of the DDA be set aside and substituted with a conviction under s 12(2) of the punishable under