LEE KWAN WOH vs PP - 2009 MarsdenLR 1356

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 MarsdenLR 1356

FEDERAL COURT PUTRAJAYA
LEE KWAN WOH – Appellant
Versus
PP – Respondent

Petitioner Advocates:Hisham Teh Poh Teik,Gobind Singh Deo ,Respondent Advocate: Saiful Edris Zainuddin

JUDGMENT

Gopal Sri Ram FCJ:

[1] The appellant was convicted by the High Court at Ipoh for trafficking 420 grams of cannabis, an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952. He was sentenced to death. He appealed to the Court of Appeal which affirmed the High Court's decision. He then appealed to us. We heard this appeal on 28 July 2009 and allowed it. The appellant's conviction was quashed, his sentence was set aside and he was ordered to be set at liberty forthwith. We now give reasons for our decision.

[2] The gist of the prosecution's case is this. On 4 April 2000 at about 4pm, PW4 (Inspector Hilimi bin Ahmad), acting on information received laid an ambush at the scene of the incident, namely, Jalan Selasar 10, Taman Ipoh Jaya, Ipoh. PW4 was accompanied by several police personnel, including PW8 (Detective Lance Corporal Magendran). At about that time, the appellant arrived at the scene. He was driving motor car ABA 6363 which was established in evidence to belong to his brother PW5. He parked the car adjacent to house No. 52. He emerged from the car, carrying a white plastic bag exh P13. He was almost immediately accosted by PW4 and PW8. PW4 identified himself as a

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2009 MarsdenLR 1356

FEDERAL COURT PUTRAJAYALEE KWAN WOH – AppellantVersusPP – Respondent

FEDERAL COURT PUTRAJAYA
LEE KWAN WOH – Appellant
Versus
PP – Respondent