DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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[117] In our judgment, on the facts, it is a gross miscarriage of justice
not to convict the appellant for committing both the offences as per the
charges (Yong Kar Mun v PP [2012] 2 MLRA 577, at 604). We must “be
on guard against any tendency of accused persons who have been
properly and deservedly convicted to put the result down, not to the
crime committed, but to the incompetence of counsel” (per Cooke J in
R v Pointon [1985] 1 NZLR 109, 114, CA).
[118] We have deliberated at length and we have perused through
the two appeal records with a fine tooth comb. We found no appealable
errors. It is our judgment that the appellant had failed to raise any
reasonable doubt as to his guilt. We are satisfied that the prosecution had
proved beyond reasonable doubt the two charges against the appellant.
We dismiss the appeal. The convictions and sentences are hereby
affirmed.
3.12.2012 Dato’ Abdul Malik bin Ishak
Judge, Court of Appeal,
Malaysia