The Court of Appeal replaces the original two-year prison sentence with a caution.
Michael Liew, 45, was found drunk and unconscious at a coffee shop in Kuala Terengganu at about 10.30pm on Sept 13, 2022, despite a court order requiring him to stay indoors from 8pm to 6am.
A three-member bench, chaired by Justice Azmi Ariffin, dismissed his appeal against conviction, but replaced the original two-year prison sentence with a caution.
“We are using our discretion under Section 348 of the Criminal Procedure Code to give a caution and discharge,” said Azmi, who sat with Justices Hayatul Akmal Abdul Aziz and Meor Hashimi Abdul Hamid.
Azmi said the court took into consideration that Liew had served as a restricted resident and is now free.
The court acknowledged that while Liew was in the Kuala Terengganu district at the time of the offence, he was not at his house as required.
“We are also not accepting the argument of the defence of intoxication under Section 84 of the Penal Code,” he said, adding that the appeal against conviction lacked merit.
As such, Azmi said, the 2023 magistrates’ court conviction, affirmed by the High Court last year, is stayed.
Liew was on a RM16,000 bail pending today’s decision. The sum will be returned to him.
The restriction order, signed by the home minister under the Prevention of Crime Act 1959, required Liew to remain indoors in the district from Oct 6, 2021, to June 16, 2023, unless granted permission by the district police chief.
Violations carried a minimum two-year prison term and a maximum of 10 years.
Lawyers N Sivananthan and Nabila Habib appeared for Liew, while deputy public prosecutors Arif Aizuddin Masrom and Zain Ibrahim represented the prosecution. - FMT
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