PUTRAJAYA: A 34-year-old chief cook today succeeded in his appeal to overturn his life imprisonment on two charges of drug trafficking imposed by a High Court.
Noel Harry Hungan, however, will have to serve 15 years in jail, to run from his date of arrest on May 10, 2016, and to be caned 10 times after the Court of Appeal substituted the first charge of trafficking in 2,811 grammes of cannabis to one of possession.
The Sabahan, a chef at a Western Food outlet, was acquitted and discharged on the second charge of trafficking in 3,768 grammes of cannabis.
The decision was delivered by the three-member panel of the Court of Appeal comprising Justices Datuk Abdul Karim Abdul Jalil, Datuk P. Ravinthran and Datuk Abu Bakar Jais in allowing Hungan's appeal to set aside his conviction and life imprisonment for drug trafficking.
Hungan was charged with trafficking in the drugs at the Kota Kinabalu Post Office and at the AirAsia Cargo area in Kota Kinabalu on May 10 and May 11, 2016 respectively.
The Kota Kinabalu High Court, on March 29, 2018, convicted him on the two drug trafficking charges and sentenced him to life imprisonment, as well as to be caned 15 times for each charge, prompting him to appeal to the Court of Appeal.
Under the amended Section 39B (2) of the Dangerous Drug Act 1952 which came into force on March 15, 2018, a person found guilty of the drug trafficking offence shall be punished with death sentence or imprisonment for life, and shall be punished with whipping of not less than 15 strokes if he is not sentenced to death.
The Court of Appeal also dismissed the prosecution's appeal against the jail sentence. It sought for death sentence to be imposed on Noel.
Hungan was represented by lawyer Datuk Seri K. Rakhbir Singh, while deputy public prosecutor Eyu Ghim Siang appeared for the prosecution.
-- BERNAMA
Bernama
Tue Mar 29 2022
A 34-year-old chief cook, Noel Harry Hungan, today succeeded in his appeal to overturn his life imprisonment on two charges of drug trafficking imposed by a High Court. - File photo
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.
UPNM cadet officer charged with injuring junior, stomping on him with spike boots
A cadet officer at UPNM pleaded not guilty to a charge of injuring his junior by stomping on the victim's stomach with spike boots.
How Indian billionaire Gautam Adani's alleged bribery scheme took off and unraveled
The indictment was unsealed on Nov. 20, prompting a $27 billion plunge in Adani Group companies' market value.
Elon Musk blasts Australia's planned ban on social media for children
Several countries have already vowed to curb social media use by children through legislation, but Australia's policy could become one of the most stringent.