Sarawakian escapes death penalty for syabu possession
Photo for illustration purposes only. – Photo from pexels.com
KOTA KINABALU (June 19): The Court of Appeal here on Thursday sentenced a Sarawakian man to 20 years in jail and 10 strokes of the cane for possessing syabu six years ago.
Justice Dato' Hj Azman Abdullah, who sat with Justices Datuk Azhahari Kamal Ramli and Datuk Noorin Badaruddin, unanimously set aside Anthony Chan Wei Onn's death sentence for drug trafficking and substituted it with a conviction for drug possession.
The court held that the original conviction under Section 39B(1)(a) of the Dangerous Drugs Act 1952 was unsafe.
'But we find evidence to support a conviction under Section 39A(2). Therefore, the conviction under Section 39B(1)(a) is set aside and substituted with Section 39A(2),' the panel ruled.
Chan, 31, was ordered to serve his sentence from the date of his arrest on July 12, 2019.
On May 23, 2023, he had been sentenced to death by the High Court here after being found guilty of trafficking 2,129.1 grams of syabu at a premises along Jalan Lintas on July 12, 2019.
Previously, Chan was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the mandatory death penalty or, if not sentenced to death, life imprisonment and not less than 15 strokes of the cane upon conviction.
He was represented by counsel Hamid Ismail.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Borneo Post
10 hours ago
- Borneo Post
Man in Miri jailed five months, friend fined RM2,500 for possessing meth
Mohamad Sobree was sentenced to five months in jail while Jolhi was fined RM2,500 in default three months' imprisonment. – Photo by Jenifer Laeng MIRI (June 19): The Magistrates' Court here today sentenced a man to prison and imposed a fine on his friend after they both pleaded guilty to a charge of possessing illicit drugs. Jolhi Zaini and Mohamad Sobree Julaihi, both 40, entered the plea before Magistrate Ashok Linggam after the charge under Section 12(2) of the Dangerous Drugs Act 1952, punishable under Section 12(3) of the same Act, was read to them. Mohamad Sobree was sentenced to five months in jail while Jolhi was fined RM2,500 in default three months' imprisonment. According to the facts of the case, they were found in possession of 0.10g of methamphetamine while inside a blue car parked in front of a bank at Jalan Bendahara here at about 2.30pm on April 2 this year. Meanwhile, Mohamad Sobree pleaded guilty in the same court to a separate charge of abusing drugs, and was ordered to perform community service for four hours a day over a period of four months. The court also ordered him to be placed under police supervision for a period of two years. He was charged under Section 15(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 15(1) of the same Act. Based on the facts of the case, he was tested positive for amphetamine and methamphetamine at the Miri Narcotics Criminal Investigation Division office at around 10.40am on April 3 this year. Insp Mudzilawati Abdul Rahman prosecuted both cases, while both accused were unrepresented by legal counsel. drugs fine jail meth miri
Borneo Post
11 hours ago
- Borneo Post
Man escapes gallows for teen's murder in Semporna
The Kota Kinabalu Court Complex. KOTA KINABALU (June 19): A 36-year-old man escaped the gallows after the Court of Appeal here on Thursday substituted his death sentence with 35 years' imprisonment and 12 strokes of the cane for the murder of a teenage girl in Semporna seven years ago. A panel of three judges — Datuk Azman Abdullah, Datuk Azhahari Kamal Ramli and Datuk Noorin Badaruddin — unanimously dismissed Alkadzman Maksidi's appeal against the Tawau High Court's decision. Alkadzman was ordered to serve the jail term from the date of his arrest on November 29, 2018. On November 23, 2022, he was sentenced to death by the Tawau High Court after being found guilty of murdering a14-year-old girl in an orchard in Semporna on November 29, 2018. He was charged under Section 302 of the Penal Code. Following amendments to the section, courts may impose a prison term of not less than 30 years and not exceeding 40 years, along with a mandatory minimum of 12 strokes of the cane, if the death sentence is not applied. Alkadzman was represented by counsel Mervyn @ Hasan Sainy.
Borneo Post
11 hours ago
- Borneo Post
Sarawakian escapes death penalty for syabu possession
Photo for illustration purposes only. – Photo from KOTA KINABALU (June 19): The Court of Appeal here on Thursday sentenced a Sarawakian man to 20 years in jail and 10 strokes of the cane for possessing syabu six years ago. Justice Dato' Hj Azman Abdullah, who sat with Justices Datuk Azhahari Kamal Ramli and Datuk Noorin Badaruddin, unanimously set aside Anthony Chan Wei Onn's death sentence for drug trafficking and substituted it with a conviction for drug possession. The court held that the original conviction under Section 39B(1)(a) of the Dangerous Drugs Act 1952 was unsafe. 'But we find evidence to support a conviction under Section 39A(2). Therefore, the conviction under Section 39B(1)(a) is set aside and substituted with Section 39A(2),' the panel ruled. Chan, 31, was ordered to serve his sentence from the date of his arrest on July 12, 2019. On May 23, 2023, he had been sentenced to death by the High Court here after being found guilty of trafficking 2,129.1 grams of syabu at a premises along Jalan Lintas on July 12, 2019. Previously, Chan was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the mandatory death penalty or, if not sentenced to death, life imprisonment and not less than 15 strokes of the cane upon conviction. He was represented by counsel Hamid Ismail.
