PUTRAJAYA: The Court of Appeal has issued a comprehensive 17-point guideline for criminal trial judges to follow when accused persons plead guilty, including in cases involving the death penalty and lengthy prison terms.
Justice Zaini Mazlan said the record of proceedings must clearly reflect that each step in the guideline has been observed to ensure transparency.
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Among the key points, judges are required to ensure that the offence stated in a charge is recognised and created by law.
“Any failure to adhere to these guidelines may undermine the validity of the plea of
guilty and, consequently, the conviction recorded,” he said in a judgment delivered when dismissing an appeal by a man against conviction and sentence for trafficking cannabis weighing about 1kg.
In October 2023, the High Court sentenced Teh Geok Chin, 47, to 30 years’ jail and imposed 12 strokes of the rotan for committing the offence at an apartment in Johor Bahru four years earlier.
Teh opted to plead guilty to the charge.
Zaini said Section 305 of the Criminal Procedure Code (CPC) makes clear that an appellant who pleads guilty cannot challenge the conviction, and may only appeal against the sentence imposed.
Also on the panel that heard and dismissed the appeal in July last year were current Chief Judge of Malaya Hashim Hamzah and Justice Azmi Ariffin.
Zaini said the High Court judge had correctly adhered to the procedures outlined under section 173(b) of the CPC.
He said the charge was read and explained to Teh in Mandarin, his preferred language, and that the accused understood the consequences of his guilty plea.
He also noted that the case exhibits were presented to Teh for identification and admitted into evidence.
Teh also understood and acknowledged the facts of the case after the charge was read to him.
Zaini said the court recorded Teh’s conviction on the charge and imposed the sentence only after his counsel had completed submissions on mitigation.
He said following the amendment to penal laws that came into effect in July 2023, the High Court had only two options – impose the death penalty or a fixed 30-year jail term with 12 strokes of the rotan.
“The appellant’s appeal against the sentence of imprisonment and whipping cannot be considered, as it is the minimum prescribed by law,” he said. - FMT
