It ordered that Ahmad Khadri Abdul Latif be tried again in the lower court.

Judicial commissioner K Muniandy said the magistrates’ court, in handing down the sentence against Khadri, had taken into account his past convictions, after the prosecution tendered a list of his past offences since 2016.

Muniandy said the list containing Khadri’s past offences was not shown and explained to him during the mitigation process.

Khadri pleaded guilty to possession of 0.32gm of cannabis under Section 6 of the Dangerous Drugs Act. During mitigation, the prosecution tendered the list and urged the court to impose a harsh sentence.

Muniandy said that “in legal parlance, it is categorised as ‘spent conviction’ but he (Khadri) had since turned over a new leaf and led a crime-free life”.

He said the court was placed under a “bounden duty” to ensure the facts on past convictions were read and explained to an accused person before he agreed to make a plea.

“Pursuant to the record available, the said previous convictions were not explained to him before he nodded in agreement.

“It is salutary as the previous convictions have an effect on the sentence to be meted out against him.

“Constitutionally, a sentence passed after consideration of spent convictions is, in effect, double jeopardy for him, pursuant to Article 7(1) of the Federal Constitution,” he said.

Muniandy also said the list was not admissible under the law as it was not certified by the registrar of criminals.

“Ensuing from above, the cumulative effect of the flaws alluded to, and navigates towards, injustice which had befallen the accused person,” he said.

He said Khadri’s appeal before the court was only to challenge the legality of the jail sentence pursuant to Section 305 of the Criminal Procedure Code, and thus “rendering him a limited right of appeal”.

“In setting aside the conviction and jail sentence imposed by the magistrate, an ensuing order is for the case to be remitted for trial at the lower court.

“The order made does not finally dispose of rights of the prosecution and defence,” he said.