MUHAMAD SAFARI BIN MD SALEH

MUHAMAD SAFARI BIN MD SALEH

Because the accused pleaded guilty, the plea was afforded mitigating weight but the statutory minimum under s39C(1) DDA 1952 controlled the outcome; the court imposed the minimum lawful sentence of five years' imprisonment, ordered one stroke, and held the sentence to commence from the date of arrest for this charge (17.10.2024), rejecting the accused's request to backdate to earlier detention.

Citation
NA-62D-58-02/2025 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Muhamad Safari bin Md Saleh
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 April 2025
Case Number
NA-62D-58-02/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentence Imposed; Appeal Filed
Outcome
Guilty plea accepted; sentence imposed
Legal Topics
Guilty Plea as Mitigation, Mandatory Minimum Sentence, Corporal Punishment, Commencement of Sentence, Prior Convictions
Source Language
Malay/English
Criminal Law Narcotics Law Sentencing Guilty Plea as Mitigation Mandatory Minimum Sentence Corporal Punishment Commencement of Sentence Prior Convictions

Case Brief

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Parties

Public Prosecutor

Prosecutor

Muhamad Safari bin Md Saleh

Accused

Procedural Posture

Criminal / Sentence Imposed; Appeal Filed

Legal Issues

  1. 1 Appropriate sentence under s39C(1) Dangerous Drugs Act 1952
  2. 2 Extent to which guilty plea mitigates sentence
  3. 3 Whether sentence should commence from earlier detention date (14.07.2023) or arrest date (17.10.2024)

Ratio Decidendi

Because the accused pleaded guilty, the plea was afforded mitigating weight but the statutory minimum under s39C(1) DDA 1952 controlled the outcome; the court imposed the minimum lawful sentence of five years' imprisonment, ordered one stroke, and held the sentence to commence from the date of arrest for this charge (17.10.2024), rejecting the accused's request to backdate to earlier detention.

Court Disposition

Guilty plea accepted; sentence imposed

Orders

  • Accused sentenced to five (5) years imprisonment to run from 17.10.2024
  • Accused to be caned one (1) stroke