The High Court here overturned the acquittal of a 31-year-old man on a charge of taking syabu for the third time.
Judicial Commissioner Datuk Faridz Gohim Abdullah allowed the prosecution’s appeal against the acquittal of Azwan Tanjilul and set aside the order of discharge and acquitted.
Faridz sentenced Azwan to five years’ jail and one stroke of the cane.
Azwan was ordered to serve the jail sentence from Friday.
On Sept 29, 2022 Azwan was discharged and acquitted by the Keningau Sessions Court after a full trial.
Azwan was accused of consuming Amphetamine and Methamphetamine at 4pm on Oct 7, 2019 in Keningau.
The charge against him also stated that he had two conviction records for a similar offence.
Azwan was charged under Section 15(1)(a) of the Dangerous Drugs Act (DDA) 1952 read with Section 39C(1)(b) of the same Act, which provides for a jail term between five years and seven years and whipping of not more than three strokes of the cane.
Deputy Public Prosecutor Afiq Agoes represents the prosecution as appellant while Azwan was not represented.
Meanwhile, a 22-year-old unemployed man was charged in the Sessions Court here with committing physical sexual offences against an underage girl.
Al-Subhi Yusof pleaded not guilty before Judge Amir Shah Amir Hassan to committing the offence against the 14-year-old girl by hugging and kissing her cheek on Jan 12 at Kg Tanjung Aru Lama here.
The offence, under Section 14 (a) of the Sexual Offences against Children Act 2017, carries a jail term of up to 20 years, and whipping on conviction.
The prosecution offered no bail.
Amir fixed Feb 27 for case management and ordered the accused remanded further. Deputy Public Prosecutor Suriyati Jumain prosecuted while Al-Subhi was not represented.
