Kota Kinabalu: A 42-year-old man was on Thursday sentenced to life imprisonment and ordered given 12 lashes of the cane by the High Court here for trafficking 67.33gm of syabu.
Judicial Commissioner Maslinda @ Linda Mohd Ainal found labourer Voon Kong Yaw guilty of committing the offence on Aug 26, 2021 at 3.30pm at a staircase next to the PMG Pharmacy, Inanam town.
In delivering her decision, Maslinda ruled the court had found that the prosecution had proven its case against Voon beyond reasonable doubt.
The identity and the weight of the drugs, which was 67.33gm of methamphetamine, and the actual possession were proven by the prosecution, she said, citing the statutory presumptions of trafficking under Section 37(da) of the Dangerous Drugs Act 1952.
SPONSORED CONTENT Hajiji says young business professionals' inputs needed to develop Sabah Kota Kinabalu: Chief Minister Datuk Seri Hajiji Noor said he welcomed inputs from young business professionals to assist in policy formulation. Read more “The accused has failed to rebut the statutory presumption and failed to cast reasonable doubt concerning the essential ingredients of the offence charged.
“In such circumstances, this court finds the accused guilty as charged and convicts him accordingly,” Maslinda held.
Voon, who has been under remand since being arrested, was ordered to serve the imprisonment sentence from the date of his arrest on Aug 26, 2021.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which carries a punishment with either the death penalty or life in prison and whipping with a minimum of 15 strokes.
Voon, the sole defence witness, gave evidence under oath in his defence while the prosecution had called six witnesses to testify during the prosecution stage.
Counsel Korventt Wheezar E. Jomiji, representing Voon, pleads for a lenient sentence as he is married with two children and a first offender.
Korventt said Voon was extremely remorseful and requested the court to grant him a second chance in life by meting out a lenient sentence.
No violence or aggressive behaviour or incident has occurred during Voon’s arrest for investigations, said Korventt.
“The accused was also recently diagnosed with a medical condition, I believe its cancer and he has been receiving treatment during his incarceration, said Korventt.
Deputy Public Prosecutor (DPP) Rustam Sanip applied a life imprisonment arguing, among others, that the offence committed was grave and rampant.
* Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss.
* Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
