PENDAKWARAYA Pendakwaraya Hadi Ismanto Bin Zulparman

PENDAKWARAYA Pendakwaraya Hadi Ismanto Bin Zulparman

Court accepted guilty plea but held that due to seriousness of the drug offence, statutory minimum sentence and the accused's history of multiple similar convictions, public interest and deterrence outweigh mitigation; imposed a custodial sentence of five years from date of arrest and ordered AADK supervision for three years (and recorded three strokes where applicable).

Citation
BB-62D-186-12/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Hadi Ismanto bin Zulparman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 December 2021
Case Number
BB-62D-186-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Dangerous Drugs Act 1952 / Sentencing (appeal Against Sentence)
Outcome
Accused convicted on plea of guilty under s15(1)(a) Dangerous Drugs Act 1952 and sentenced
Legal Topics
Dangerous Drugs Act 1952, Repeat Offender, Public Interest, Mitigation
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Dangerous Drugs Act 1952 Repeat Offender Public Interest Mitigation

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Parties

Pendakwa Raya

Prosecutor

Hadi Ismanto bin Zulparman

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 / Sentencing (appeal Against Sentence)

Legal Issues

  1. 1 Appropriate sentence under s15(1)(a) read with s39C(1)(b) and s38B Dangerous Drugs Act 1952
  2. 2 Weight to be given to guilty plea as mitigation in drug offences
  3. 3 Impact of multiple prior convictions on sentencing and deterrence

Ratio Decidendi

Court accepted guilty plea but held that due to seriousness of the drug offence, statutory minimum sentence and the accused's history of multiple similar convictions, public interest and deterrence outweigh mitigation; imposed a custodial sentence of five years from date of arrest and ordered AADK supervision for three years (and recorded three strokes where applicable).

Court Disposition

Accused convicted on plea of guilty under s15(1)(a) Dangerous Drugs Act 1952 and sentenced

Orders

  • Imprisonment for 5 years to run from date of arrest 7 May 2021
  • Subject to 3 strokes of the rotan (as provided under s39C(1)(b) where applicable)