DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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58 [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
Counsel 59 (1) For the Appellant Accused : Mr. Manjeet Singh Dhillon with Mr. Wan Mohd Fadzil bin Maamor Solicitor : Messrs Fadzil & Eddin Advocates & Solicitors Kuala Lumpur (2) For the Respondent/ Public Prosecutor : Mr. Mohamad Abazafree bin Mohd Abbas Deputy Public Prosecutor Attorney-General’s Chambers Putrajaya Cases referred to in this judgment: (1) Low Soo Song v PP [2008] 1 CLJ 433, 436, 437, CA. (2) Director of Public Prosecutions v. Kilbourne [1973] AC 729, HL. (3) Bakshish Singh v The State of Punjab [1971] AIR 2016 SC. (4) Lejzor Teper v. The Queen [1952] AC 480, 489, HL. (5) Jayaraman & Ors v. Public Prosecutor [1982] 2 MLJ 306, 310, FC. (6) Percival Leonard Taylor, James Weaver v. George Thomas Donovan [1928] 21 Cr App R 20, CCA. (7) McGreevy v. Director of Public Prosecutions [1973] 1 WLR 276, HL.
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1 DALAM MAHKAMAH RAYUAN MALAYSIA (B
Page 3 and 4:
3 iaitu sepucuk pistol telah menyeb
Page 5 and 6:
5 10.10.2007. Exhibit “P9” was
Page 7 and 8: 7 robbery and he circulated that in
Page 9 and 10: 9 downwards. When the driver of the
Page 11 and 12: 11 pistol which was located underne
Page 13 and 14: 13 (e) one red and blue coloured ba
Page 15 and 16: 15 motorcar was stopped, SP15 told
Page 17 and 18: 17 [32] The appellant testified tha
Page 19 and 20: 19 said, “Haizat, tolong aku ni p
Page 21 and 22: 21 S : Kamu tidak pernah berjumpa O
Page 23 and 24: 23 irresistible inference that the
Page 25 and 26: 25 advice of Suffian LP in Jayarama
Page 27 and 28: 27 driver’s seat of the Proton GE
Page 29 and 30: 29 CPC for the government chemist t
Page 31 and 32: 31 GEN-2 motorcar had just been use
Page 33 and 34: 33 “Finding dalam P6 ini adalah d
Page 35 and 36: 35 Pilah-Seremban road some 15 kilo
Page 37 and 38: 37 [66] Learned defence counsel was
Page 39 and 40: 39 [74] The strength of the prosecu
Page 41 and 42: 41 these assumptions are mere specu
Page 43 and 44: 43 [86] It was also submitted by le
Page 45 and 46: 45 [91] So, at least ten (10) days
Page 47 and 48: 47 [94] The sum total of it all wou
Page 49 and 50: 49 ini telahpun disangkal seawal ya
Page 51 and 52: 51 findings of fact arrived at by t
Page 53 and 54: Rebuttal evidence 53 [108] The appe
Page 55 and 56: 55 legal basis for the reception of
Page 57: 57 from the same Styer pistol (exhi
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