A CHIEF cook succeeded in his appeal to overturn his life sentence for two charges of drug trafficking handed down by the Kota Kinabalu High Court.

Noel Harry Hungan, 34, will now have to serve 15 years in prison from the date of his arrest on May 10, 2016, and be caned 10 times after the appellate court substituted the first count of trafficking in 2,811g of cannabis to only possession.

He was acquitted and discharged on the second count of trafficking in 3,768g of cannabis.

The Sabahan was charged with trafficking in drugs at a post office and AirAsia cargo area in Kota Kinabalu on May 10 and 11, 2016, respectively.

On March 29, 2018, the High Court found him guilty of both charges and sentenced him to life imprisonment and 15 lashes of the cane for each charge.

Under the amended section 39B (2) of the Dangerous Drug Act 1952, a person found guilty of drug trafficking shall be punished with a death sentence or life imprisonment, and shall be punished with whipping of not less than 15 strokes of the cane if not sentenced to death.

The Court of Appeal also dismissed the prosecution’s appeal against the new sentence. The prosecution had sought for capital punishment. – Bernama, March 29, 2022.