NUR HALIIF AMIERUL BIN ROSLIM

NUR HALIIF AMIERUL BIN ROSLIM

Given the accused's repeated convictions for the same statutory offence and the public interest in deterrence, the statutory minimum sentence of five years imprisonment, one stroke of the cane and three years supervision is appropriate; the sentence must run from the date of conviction (20 June 2022) because the accused was not charged in this court prior to that date; the appeal to backdate or alter the sentence is dismissed.

Citation
JD-62D-87-06/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Nur Haliif Amierul bin Roslim
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 June 2022
Case Number
JD-62D-87-06/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal (drug Offence) / Sentence Appeal Hearing
Outcome
Appeal dismissed; sentence affirmed
Legal Topics
Dangerous Drugs Act 1952, Repeat Offender, Sentence Commencement Date, Corporal Punishment, Supervision Order
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Dangerous Drugs Act 1952 Repeat Offender Sentence Commencement Date Corporal Punishment Supervision Order

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Parties

Pendakwa Raya

Prosecution

Nur Haliif Amierul bin Roslim

Accused

Procedural Posture

Criminal (drug Offence) / Sentence Appeal Hearing

Legal Issues

  1. 1 Whether the appellate court should backdate the sentence to date of arrest
  2. 2 Whether the statutory minimum sentence of five years is appropriate given the appellant's antecedents
  3. 3 Whether the guilty plea merits significant mitigation credit

Ratio Decidendi

Given the accused's repeated convictions for the same statutory offence and the public interest in deterrence, the statutory minimum sentence of five years imprisonment, one stroke of the cane and three years supervision is appropriate; the sentence must run from the date of conviction (20 June 2022) because the accused was not charged in this court prior to that date; the appeal to backdate or alter the sentence is dismissed.

Court Disposition

Appeal dismissed; sentence affirmed

Orders

  • Sentence of 5 years imprisonment affirmed to run from date of conviction 20 June 2022
  • One stroke of the cane (sebatan) ordered