Ong Chow Lee v Pendakwa Raya

Court of Appeal · · Criminal Procedure

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Ong Chow Lee v Pendakwa Raya
CourtCourt of Appeal
Judgment Date2 July 2025
Date Uploaded2 September 2025
Legal TopicsCriminal Procedure
Parties

Appellant(s): Ong Chow Lee

Respondent(s): Pendakwa Raya

Bench
  • YA Dato' Hashim Bin Hamzah
  • YA Dato' Azmi Bin Ariffin
  • YA Datuk Seri Mohd Firuz Bin Jaffril
Facts & Background
  • The appellant was charged in the High Court with murder under Section 302 of the Penal Code and attempted murder under Section 307 of the Penal Code.
  • Initially pleading not guilty, the appellant later changed his plea to guilty for both charges, leading to his conviction and sentencing to 30 years imprisonment for murder and 13 years concurrently for attempted murder.
  • The appellant subsequently appealed against the High Court's conviction related to the murder charge.
Issues for the Court
  • Whether the High Court erred by failing to ensure the appellant fully understood the nature and consequences of his guilty plea, and that the plea was unconditional, as required by law.
  • The appellant contended he was misled by his previous counsel regarding the minimum sentence for murder (believing it to be 15 years instead of 30 years) and claimed illiteracy, arguing a Mandarin interpreter should have been used.
  • The respondent argued that Section 305 of the Criminal Procedure Code (CPC) limited the right to appeal against a conviction based on a guilty plea, and that the plea was regular and lawful.
Decision
  • The Court of Appeal affirmed its jurisdiction to consider an appeal against conviction following a guilty plea, notwithstanding Section 305 CPC, if the legality or regularity of the plea itself is challenged.
  • The Court found that the High Court had diligently complied with Section 178 CPC, having repeatedly ascertained the appellant's understanding of Bahasa Malaysia and his choice to proceed in that language, despite the availability of a Mandarin interpreter.
  • The Court concluded that the appellant's arguments regarding being misled or not understanding his plea were unsubstantiated, as the High Court's record clearly indicated his comprehension and the unconditional nature of his plea. The appeal was dismissed, and the High Court's conviction and sentence were upheld.
Link to JudgmentView Full Judgment

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