Kogila A/p Krishnan v Pendakwa Raya [Pendakwa Raya]

b-05sh-272-08-2023 Court of Appeal (Mahkamah Rayuan) 10 September 2024 • B-05(SH)-272-08/2023 • 12 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

Appeal – Against conviction and 4-year sentence under s.26C ATIPSOM imposed on 14 July 2023. Issue – Whether the appellant was denied constitutional rights because the High Court allegedly did not allow submissions on the admissibility of her investigation statement P77. Facts – Statement P77 given to Immigration Officer (SP15) – the Prosecution tendered it under s.18A SOSMA – the Defence objected under s.113 CPC, so P77 was first marked as ID77 – At the next date, defence withdrew the objection to P77, but objected to the enclosures for non-compliance with s.51A CPC – the High Court Judge admitted P77 and the enclosures, giving defence time to study them before cross-examining SP15. Held – No denial of rights – objection to P77 was withdrawn; judge properly admitted it – Non-compliance with s.51A CPC is procedural only, evidence remains admissible unless prejudice is shown (Benjamin William Hawkes). No prejudice suffered – No duty on judge to invite submissions – counsel could have raised the issue anytime – s.35 ATIPSOM does not override SOSMA – ATIPSOM offences fall under SOSMA – s.18A makes all accused statements admissible. Judge did not rely solely on P77. Sentence – 4-year imprisonment not excessive – The Appellant played an active role in smuggling – Sentence falls well within the range (up to 20 years) – No basis to reduce. Conclusion – Appeal lacks merit. Conviction and sentence affirmed.

Judges (3)

Mohamed Zaini bin Mazlan Delivered Noorin binti Badaruddin Coram Ravinthran a/l Paramaguru Coram

Counsel (6)

Attorney General's Chambers Firm G.K. Sritharan & Co Firm G.K. Sritharan Counsel Appellant Norzilati Izhani binti Zainal @ Zainol Counsel Respondent P. Rajagunaseelan Counsel Appellant Tan Meng Khong Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Kogila a/p Krishnan Appellant

Statutes Cited

Criminal Procedure Code (Cap 593)
Federal Constitution

Cases Cited (2)

MY (2)
[2020] 8 CLJ 267 [2024] 7 CLJ 827

Judgment

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Source: eJudgment (b-05sh-272-08-2023)