PENDAKWARAYA MOHD NOOR ARIS BIN ARNI

PENDAKWARAYA MOHD NOOR ARIS BIN ARNI

Accused, having pleaded guilty and being a repeat offender under the Dangerous Drugs Act 1952, was convicted under s39C(1) and given the mandatory minimum sentence of five years' imprisonment and one stroke of the rotan; the court exercised its discretion to order the sentence to run consecutively to the existing sentence because the offences were separate in time and place and did not satisfy the one transaction rule, with mitigation limited by recidivism.

Citation
AA-62D-79-05/2020 (Mahkamah Sesyen)
Parties
Accused: Mohd Noor Aris bin Arni; Prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 July 2020
Case Number
AA-62D-79-05/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal (dangerous Drugs Act 1952) / Sentencing
Outcome
Accused convicted under Section 39C(1) Dangerous Drugs Act 1952 and sentenced to five years' imprisonment and one stroke of the rotan; sentence to run consecutively to sentence in AE-83D-72-2-2020; two years' supervision imposed.
Legal Topics
Dangerous Drugs Act 1952, Section 39 C, One Transaction Rule, Consecutive Sentences, Mandatory Minimum Sentence
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Dangerous Drugs Act 1952 Section 39 C One Transaction Rule Consecutive Sentences Mandatory Minimum Sentence

Case Brief

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mohd Noor Aris bin Arni

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal (dangerous Drugs Act 1952) / Sentencing

Legal Issues

  1. 1 Liability under s39C(1) DDA 1952 as a repeat offender
  2. 2 Appropriate quantum of sentence given mandatory minimums and prior convictions
  3. 3 Whether sentence should run concurrently or consecutively and application of the one transaction rule and totality principle

Ratio Decidendi

Accused, having pleaded guilty and being a repeat offender under the Dangerous Drugs Act 1952, was convicted under s39C(1) and given the mandatory minimum sentence of five years' imprisonment and one stroke of the rotan; the court exercised its discretion to order the sentence to run consecutively to the existing sentence because the offences were separate in time and place and did not satisfy the one transaction rule, with mitigation limited by recidivism.

Court Disposition

Accused convicted under Section 39C(1) Dangerous Drugs Act 1952 and sentenced to five years' imprisonment and one stroke of the rotan; sentence to run consecutively to sentence in AE-83D-72-2-2020; two years' supervision imposed.

Orders

  • Supervision for 2 years