JUDGMENT

Azmi Ariffin FCJ (Majority):

Introduction

[1] The Appellant and another accused, Aspal bin Hussam, were jointly charged for trafficking 137.03 grams of methamphetamine under s 39B(1)(a) of the Dangerous Drugs Act 1952, read together with s 34 of the Penal Code.

[2] The charge against the Appellant and Aspal bin Hussam read as follows:

"That you both, on the 16th day of December 2018, at about 12.30 pm., located at the roadside in front of Sekolah Menengah Kebangsaan Datuk Panglima Abdullah, in the District of Semporna, in the State of Sabah, in furtherance of common intention of you both, did on your own behalf traffic in a dangerous drug to wit 137.03 grams of Methamphetamine and that you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234), and punishable under s 39B(2) of the same Act, read with s 34 of the Penal Code."

[3] In support of its case, the prosecution had called six (6) witnesses to testify against them.

[4] At the end of the prosecution's case, the learned High Court Judge ordered both the accused to enter their defence.

[5] Both accused elected to give their evidence on oath as a sole witness for their defence.

[6] At the end of the defence case, the learned High Court Judge found both accused guilty of the charge; accordingly, they were convicted and sentenced to life imprisonment (30 years) and ordered to be given 15 strokes of whipping each. The imprisonment sentence is to run from the date of their arrest, 16 December 2018.

[7] Being dissatisfied with that decision, only the Appellant, Julasiri bin Akilmara, on 18 July 2022, filed a Notice of Appeal to the Court of Appeal against his conviction and sentence.