Chan being led by two Prisons Department officers from the courtroom.
KUCHING: An unemployed man who had been sentenced to death for drug trafficking escaped the gallows yesterday when the Federal Court sentenced him to 18 years in jail and 10 strokes of the cane for drug possession.
Federal Court President Tan Sri Md Raus Sharif, who headed the panel of five judges, allowed the appeal by Chan Kim Seng and convicted him under Section 12(2) of the Dangerous Drugs Act 1952, punishable under Section 39A of the same act.
In the unanimous decision, the judge ruled that the conviction under Section 39(B)(2) of the same act was not safe and therefore allowed his appeal to set aside his conviction and death sentence for drug trafficking.
The other judges were Tan Sri Suriyadi Halim Omar, Datuk Zainun Ali, Datuk Balia Yusof Wahi and Tan Sri Jeffrey Tan Kok Wha.
Chan was found guilty by the High Court here of trafficking 78.31 grams of methamphetamine at 717, Lorong A1, Taman BDC, Stampin here at about 12.30pm on Jan 22, 2013.
On Dec 9, 2015, his appeal was dismissed in the Court of Appeal.