The New Straits Times
By V. Anbalagan
Suzimi, 45, was charged with two counts of trafficking in drugs on Aug 2, 2001.
On the first count, the High Court in 2007 sentenced Suzimi to death after finding him guilty of trafficking in 4.8kg of ganja at a rest and recreation area of the North-South Expressway near Taiping about 10.15pm.
The High Court also sentenced Suzimi to death after he was found guilty on a second charge of trafficking in 263g of ganja in Simpang Empat, also near Taiping, about 30 minutes later.
Suzimi, represented by court-assigned counsel Bernard Francis, appealed to the Court of Appeal.
Suriyadi, who sat with Datuk Hasan Lah and Datuk Ahmad Maarop, upheld the conviction and sentence on the first count.
The appellate court, however, reduced the second count from trafficking to possession as the prosecution had failed to prove the ingredients of the original charge.
Under section 39A (2) the Dangerous Drugs Act 1952, a person found guilty of drug possession can be be jailed a minimum five years and a maximum of 20 years.
It is also mandatory to impose a minimum 10 strokes of the rotan with the jail sentence.
By V. Anbalagan
PUTRAJAYA: In an unprecedented decision, the Court of Appeal yesterday imposed only a 10-year jail sentence on a bus driver on death row who pleaded guilty to a reduced charge of possessing ganja.
Judge Datuk Suriyadi Halim Omar said the appellate court could not impose the mandatory minimum 10 strokes of the rotan for possession as Suzimi Shaari's death sentence for trafficking ganja in another case had been upheld.
He said a careful reading of section 289 of the Criminal Procedure Code showed that an accused person sentenced to death could not be whipped.
"We know certain High Court judges impose whipping. Perhaps that is not the right view," he said.
Judge Datuk Suriyadi Halim Omar said the appellate court could not impose the mandatory minimum 10 strokes of the rotan for possession as Suzimi Shaari's death sentence for trafficking ganja in another case had been upheld.
He said a careful reading of section 289 of the Criminal Procedure Code showed that an accused person sentenced to death could not be whipped.
"We know certain High Court judges impose whipping. Perhaps that is not the right view," he said.
Suzimi, 45, was charged with two counts of trafficking in drugs on Aug 2, 2001.
On the first count, the High Court in 2007 sentenced Suzimi to death after finding him guilty of trafficking in 4.8kg of ganja at a rest and recreation area of the North-South Expressway near Taiping about 10.15pm.
The High Court also sentenced Suzimi to death after he was found guilty on a second charge of trafficking in 263g of ganja in Simpang Empat, also near Taiping, about 30 minutes later.
Suzimi, represented by court-assigned counsel Bernard Francis, appealed to the Court of Appeal.
Suriyadi, who sat with Datuk Hasan Lah and Datuk Ahmad Maarop, upheld the conviction and sentence on the first count.
The appellate court, however, reduced the second count from trafficking to possession as the prosecution had failed to prove the ingredients of the original charge.
Under section 39A (2) the Dangerous Drugs Act 1952, a person found guilty of drug possession can be be jailed a minimum five years and a maximum of 20 years.
It is also mandatory to impose a minimum 10 strokes of the rotan with the jail sentence.
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