[Timbalan (TPR), Jabatan Peguam Negara] LOCK CHEE WAI

[Timbalan (TPR), Jabatan Peguam Negara] LOCK CHEE WAI

The court applied established principle that a plea of guilty attracts a discount but balanced that mitigation against the serious public interest in deterring drug offences and the quantity involved; having considered mitigation and aggravation the court imposed 6 years imprisonment from date of arrest and 10...

Source-derived case information.

Citation
WA-45A-52-06/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; 2nd Accused: Lock Chee Wai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 March 2023
Case Number
WA-45A-52-06/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing (appeal Judgment)
Outcome
Accused convicted on plea of guilty and sentenced
Legal Topics
Dangerous Drugs Act 1952, Plea of Guilty Discount, Corporal Punishment, Public Interest in Sentencing
Criminal Law Drug Offences Sentencing Dangerous Drugs Act 1952 Plea of Guilty Discount Corporal Punishment Public Interest in Sentencing

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Public Prosecutor

Prosecution

Lock Chee Wai

2nd Accused

Procedural Posture

Criminal / Sentencing (appeal Judgment)

Legal Issues

  1. 1 Whether guilty plea merits discount in sentencing for dangerous drugs offence
  2. 2 How to balance public interest and individual mitigation in drug sentencing
  3. 3 Appropriate sentence under section 12(2) read with section 39A(2) Dangerous Drugs Act 1952

Ratio Decidendi

The court applied established principle that a plea of guilty attracts a discount but balanced that mitigation against the serious public interest in deterring drug offences and the quantity involved; having considered mitigation and aggravation the court imposed 6 years imprisonment from date of arrest and 10 strokes of whipping.

Court Disposition

Accused convicted on plea of guilty and sentenced

Orders

  • Imprisonment for 6 years to run from date of arrest 5/10/2020
  • Ten strokes of whipping