Aphidach Yapha v Pendakwa Raya

Appellant(s): Xxxx

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Noorin binti Badaruddin

• The appellant, a foreign national, was charged in the High Court with drug trafficking (49.4kg Cannabis) under Section 39B(1)(a) Dangerous Drugs Act 1952 and using a vehicle for drug trafficking under Section 3(1)(a) Dangerous Drugs (Forfeiture of Property) Act 1988.
• The appellant pleaded guilty to both charges in the High Court, leading to conviction and sentencing to life imprisonment and 15 strokes of the cane for trafficking, and 5 years imprisonment for the vehicle offence, with sentences running concurrently.
• The appeal to the Court of Appeal was against the conviction and sentence for the drug trafficking offence, despite the appellant's guilty plea in the High Court.

• Whether the High Court erred in accepting the guilty plea without ensuring the appellant was not misadvised by counsel regarding the potential sentence.
• Whether the High Court failed to adhere to mandatory procedures under Section 173(b) Criminal Procedure Code when accepting the plea, specifically regarding the appellant's understanding of its nature and consequences.
• Whether the High Court erred by allowing an unqualified interpreter to be used during the proceedings, thereby prejudicing the appellant's right to a fair trial.

• The Court of Appeal unanimously dismissed the appeal, finding no merit in the appellant's challenge against the conviction and sentence, as the guilty plea was made in accordance with the law.
• The Court held that the High Court had properly considered all relevant mitigating and aggravating factors before imposing the sentence, and there was no reason to disturb its findings.
• The Court reiterated that an appellate court would not intervene unless the trial court was plainly wrong or showed insufficient judicial appreciation of evidence, which the appellant failed to demonstrate given his valid guilty plea.