
The Federal Court today said that courts have no jurisdiction to impose a minimum jail sentence on drug traffickers as the term of imprisonment is fixed by law.
A three-member panel chaired by Justice Nordin Hassan said Section 3 of the Criminal Justice Act 1953 defines “life imprisonment” as a 30-year term.
“Our hands are tied as that is the requirement of the law,” he said, dismissing a former car washer’s appeal against his sentence for trafficking approximately 7.3kg of methamphetamine.
Justices Abu Bakar Jais and Hanipah Farikullah also presided over the appeal.
Chui Kah Fah, 37, committed the offence at KLIA at around 5pm on Oct 27, 2019.
Parliament amended the law two years ago to grant judges the discretion to impose either the death penalty or imprisonment, along with a minimum number of strokes with the rotan, for those convicted of drug trafficking and murder.
The courts now have the authority to impose a minimum of 30 years and a maximum of 40 years for murder under the Penal Code.
The offence of drug trafficking is governed by Section 39B(2) of the Dangerous Drugs Act 1952 (DDA), which provides for either the death penalty or life imprisonment with whipping.
However, since the DDA does not define “life imprisonment”, the interpretation must align with the Criminal Justice Act.
Today, lawyer Lee Tiong Hui, appearing for Chui, informed the court that his client had been sentenced to death by the High Court in 2021, before the law was amended.
He said Chui withdrew his appeal against his conviction at the Court of Appeal last year and proceeded only with the appeal against sentencing. The capital punishment was subsequently substituted with a jail term and 12 strokes of the rotan.
“I have explained the law to him, but he still insisted on filing an appeal against the sentence,” Lee told the court.
Deputy public prosecutor Ng Siew Wee represented the prosecution.
The same panel also dismissed an appeal against a conviction for Shahfary Sabri, who was found guilty of trafficking 149.5g of shabu in front of a hotel in Dang Wangi, Kuala Lumpur, at around 11pm on Oct 19, 2018.
The Court of Appeal last year replaced the High Court’s death sentence with 30 years’ imprisonment and 12 strokes of the rotan.
Today, the Federal Court upheld the jail term but spared Shahfary the whipping as he is now 51 years old. The law only permits males under the age of 50 to be whipped.
Lawyers Fadhli Sutrie and Tahrina Batrisyia appeared for Shahfary, while Afzainizam Abdul Aziz represented the prosecution.