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1988 MarsdenLR 650

HIGH COURT MALAYA PENANG
PP – Appellant
Versus
LOW KOK WAI – Respondent


Petitioner Advocates:Josephine Sivaretnam ,Respondent Advocate: R Rajasingam

JUDGMENT

Mohamed Dzaiddin J:

[1] The accused was charged before me as follows:

That you on 12 August 1982 at about 5.55 pm at the International Airport, Bayan Lepas in the District of Balik Pulau, in the State of Penang, did on your own behalf traffic in a dangerous drug, to wit heroin weighing 1979.3 grammes and that you have thereby committed an offence under s 39(B)(1)(a) of the Dangerous Drugs Act 1952 and punishable under s 39(B)(2) of the same Act.

[2] He claimed trial to the charge. However, after four prosecution witnesses have given evidence, the accused through his Counsel, Mr Rajasingam, informed me that he would like to change his plea to one of guilty. I then ascertained through the Chinese interpreter whether he understood the consequences of his change of plea. He replied "yes". After considering the prosecution evidence thus far, I was satisfied that the accused knew the consequences of his plea of guilty. The learned Deputy Public Prosecutor then submitted the brief facts of the prosecution case which he also admitted. Hence, under the above circumstances I found the accused guilty as charged and I convicted him.

[3] On 22 January 1988 I heard submissions from Counsel a

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