Duo to spend less time in prison for drugs
Posted on August 18, 2012, Saturday
KOTA KINABALU: Two local men will spend less time in prison after their conviction and sentences on two and three drug possession offences respectively were set aside by the High Court here yesterday.
With the new development, Koon Vin Cent, 32, and Colin Paul Funk, 40, will be whipped six times instead of 16 previously imposed by the Sessions Court.
High Court judicial commissioner Lee Heng Cheong yesterday set aside the sentence of eight years’ jail and 10 strokes of the cane imposed on the duo by the Sessions Court here for possessing 89.27g of cannabis at Jalan Bundusan, Penampang about 2pm on March 3, 2010.
The court also set aside Koon’s and Colin’s convictions and sentences of four years’ jail for possessing 1.38g of cannabis.
Colin’s conviction and sentence of four years’ jail for another charge of possessing 0.38g of cannabis were also set aside. Both offences were allegedly committed at the same time and place.
However, their sentences of five years’ jail and six strokes of the cane for possessing 22.99g of cannabis and another four years’ jail for possessing 0.74g of Nimetazepam were affirmed by the court.
They committed both offences at the same time and place.
Koon and Colin however would only serve five years in prison after the said affirmed custodial sentences were ordered to run concurrently.
The Sessions Court had on Nov 3, last year imposed all the sentences on the duo after finding them guilty of all the offences.
The lower court ordered the four years’ jail sentences to run concurrently but consecutively with the five and eight years’ jail sentences.
Counsel Nelson W Angang and Loretto S Padua Sipin Jr represented the appellant while deputy public prosecutor Uma Devi Balasubramaniam appeared for the respondent.