SYED MOHD AZLAN BIN SAYED OMAR

SYED MOHD AZLAN BIN SAYED OMAR

Court held DDA LLPK contains no express provision unequivocally prohibiting bail for the offence under s6(7); therefore the Criminal Procedure Code (including First Schedule and section 388) applies, but after evaluating statutory scheme, evidence, related charges, propensity to reoffend, seriousness of offence and pending High Court revision, the court refused bail to the accused.

Citation
BD-83D-328-02/2023 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused: SYED MOHD AZLAN BIN SAYED OMAR; Defence Counsel: Mohd Amirul Hakim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 February 2023
Case Number
BD-83D-328-02/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / Mention (bail Application)
Outcome
Bail refused
Legal Topics
Bail, Non Bailable Offence, Restriction Orders, Interpretation of Statute
Source Language
Malay/English
Drugs Law Criminal Procedure Bail Law Bail Non Bailable Offence Restriction Orders Interpretation of Statute

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

SYED MOHD AZLAN BIN SAYED OMAR

Accused

Mohd Amirul Hakim

Defence Counsel

Procedural Posture

Criminal / Mention (bail Application)

Legal Issues

  1. 1 Whether offence under s6(7) of the Akta Dadah Berbahaya (Langkah-langkah Pencegahan Khas) 1985 is bailable or non-bailable
  2. 2 Whether sections 19 and 20 of DDA LLPK render the offence non-bailable and whether they apply to s6(7)
  3. 3 Whether the Criminal Procedure Code (First Schedule and section 388) applies where the statute is silent

Ratio Decidendi

Court held DDA LLPK contains no express provision unequivocally prohibiting bail for the offence under s6(7); therefore the Criminal Procedure Code (including First Schedule and section 388) applies, but after evaluating statutory scheme, evidence, related charges, propensity to reoffend, seriousness of offence and pending High Court revision, the court refused bail to the accused.

Court Disposition

Bail refused

Orders

  • Bail refused; accused remanded
  • Next mention fixed for 11 May 2023 at 9:00am pending disclosure of documents/appointment of counsel