Teh Geok Chin v Public Prosecutor

Appellant(s): Teh Geok Chin

Respondent(s): Pendakwa Raya

• YAA Dato' Hashim Bin Hamzah
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Dato' Azmi Bin Ariffin

• The appellant and a co-accused were charged with trafficking dangerous drugs under Section 39B of the Dangerous Drugs Act 1952.
• Following the acceptance of representations to the Attorney General’s Chambers, the appellant pleaded guilty, while the co-accused was discharged and acquitted.
• The High Court convicted the appellant and sentenced him to life imprisonment with whipping, prompting the appellant to appeal against both the conviction and the sentence.

• Whether an appellant who has pleaded guilty can appeal against their conviction, in light of Section 305 of the Criminal Procedure Code (CPC).
• Whether the High Court properly adhered to the procedural safeguards for accepting a guilty plea, as stipulated under Section 173(b) of the CPC.
• Whether the sentence imposed by the High Court was appealable, given the statutory sentencing options for the offence under Section 39B DDA 1952.

• The Court dismissed the appeal against conviction, affirming that Section 305 CPC bars an appeal against conviction where a guilty plea has been entered, unless the trial Court failed to follow the prescribed procedure.
• The Court found that the High Court had correctly adhered to the procedures under Section 173(b) CPC, ensuring the appellant understood the charge, its consequences, and admitted the facts unequivocally.
• The appeal against sentence was also dismissed, as the High Court had imposed the minimum prescribed sentence of life imprisonment and twelve strokes of the cane for the offence.