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