Emmanuel James Kalu
案件摘要- 司法管轄
- 國籍
- 多哥人
- 案件標題
- Emmanuel James Kalu (Federal Court Criminal Appeal No. 05-147-06/2016(B))
- 作案時年齡
- 35
- 作案時年齡組
- 成年人 (18至59歲)
- 性别
- 男性
- 犯罪時的宗教信仰
- 基督教
- 弱勢 / 邊緣群體身份
- 外國國籍
- 社會經濟地位
- 司法轄區 - 地理定位
緯度: 4.2105
經度: 101.9758
- 司法轄區 - 地理定位 (已連結 案件摘要)
- 馬來西亞
- 瑞慈合作機構
- Malaysian Centre for Constitutionalism and Human Rights (馬來西亞)
- 該國最新死刑狀態
- 保留死刑
- 案件現狀
- 已結案: 減刑
- 判處死刑年份
- 2010s: 2014
- 涉嫌侵犯的權利
- 酷刑: 單獨監禁
- 酷刑: 死刑監禁現象
- 死刑所涉罪名的性質
- 毒品犯罪
- 專家證據
- 法醫 / 醫學證據: 化學 / 毒理 / 毒品分析
- 案件背景 (最多300字)
The Applicant was charged with one charge for drug trafficking under section 39B of the Dangerous Drugs Act 1952.
The Applicant was found guilty and sentenced to death by the High Court. His conviction and sentence by the High Court was affirmed by the Court of Appeal and Federal Court.
Following the Applicant’s resentencing hearing on 16 July 2024, his death sentence was set aside and substituted with an imprisonment term of 30 years from the date of his arrest (in 2012) and 12 strokes of whipping.
- 辯方意見 (最多200字)
The defense contended that Kalu lacked knowledge of the capsules' contents and had ingested them under duress. He claimed that he was coerced into swallowing the capsules by individuals who threatened him with harm if he refused. The defense argued that this threat compelled Kalu to act against his will, thereby negating the requisite intent for trafficking.
- 判决摘要 (最多200字)
The court found that the prosecution had successfully established possession and invoked the presumption of trafficking under Section 37(da) of the Dangerous Drugs Act. The judge dismissed the defense's claims of duress and lack of knowledge as implausible and unreasonable. The court noted that upon arrival at KLIA, Kalu was no longer under immediate threat and had ample opportunity to alert authorities if he had been acting under duress. His failure to do so undermined his defense. Consequently, the court convicted Kalu of drug trafficking and imposed the mandatory death sentence.
- 獲得法律代理的情況
- 偵查前階段: 未知
- 審判階段: 未知
- 上訴階段: 未知
- 第二次上訴階段: 未知
- 與罪名相關的立法
Section 39B of the Dangerous Drugs Act 1952
- 司法判例
This case underscores the strict application of Malaysia's drug trafficking laws, particularly the presumptions under Section 37(da) of the Dangerous Drugs Act 1952. It highlights the judiciary's stringent standards in evaluating defenses of duress and lack of knowledge, especially when the accused had opportunities to seek assistance from authorities but failed to do so.
- 案件摘要錄入狀態
- 完成
- 案件材料語言
- 英語