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Lee Kwan Woh v Public Prosecutor
''Lee Kwan Woh v. Public Prosecutor'' () 5 CLJ 631 was a case heard in the Federal Court of Malaysia. The Federal Court unanimously allowed Lee's appeal against the death sentence because of irregularities in his original trial for drug trafficking in the High Court, and held that the trial judge's behaviour constituted a violation of Article 5 of the Constitution of Malaysia, which provides that no person shall be deprived of life or personal liberty save in accordance with the law. The decision further held that constitutional rights must be read prismatically and in a generous fashion, and not literally.
==Background==
Lee Kwan Woh was a painter accused of trafficking 420g of ganja. The High Court in Ipoh found him guilty in 2002 and sentenced Lee to death. The Court of Appeal upheld this decision.〔 〕 Unusually, the High Court had not permitted Lee to make submissions in his defence, instead concluding after the prosecution's submissions that a successful ''prima facie'' case had been made, and that Lee was guilty. The trial judge asserted that section 180(1) of the Criminal Procedure Code permitted this. Lee's subsequent appeal to the Federal Court was on the basis that this action violated Article 5(1) of the Federal Constitution, which states that no person shall be deprived of life or personal liberty except in accordance with the law, and that the trial judge had failed to appreciate the evidence in Lee's favour.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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