AIDIL ALIFF BIN MOHD JOHAR

AIDIL ALIFF BIN MOHD JOHAR

The High Court dismissed the appeal and upheld the Sessions Court sentence because the sentence fell within the statutory range under s39C ADB 1952, the trial judge applied correct sentencing principles, the appellant's prior convictions and lack of rehabilitation justified a longer custodial sentence for deterrence, and appellate intervention was not warranted absent error or manifest excessiveness.

Citation
BA-42H-32-08/2024 (Mahkamah Tinggi)
Parties
Perayu / Appellant: Aidil Aliff bin Mohd Johar; Respondent / Public Prosecutor: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2025
Case Number
BA-42H-32-08/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sentencing) / High Court Appeal Against Sentence From Sessions Court
Outcome
Appeal dismissed; Sessions Court sentence upheld
Legal Topics
Illegal Drug Consumption, Dangerous Drugs Act 1952 S39 C, Sentencing Principles, Precedent Comparison
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Appeal Illegal Drug Consumption Dangerous Drugs Act 1952 S39 C Sentencing Principles Precedent Comparison

Case Brief

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Parties

Aidil Aliff bin Mohd Johar

Perayu / Appellant

Pendakwa Raya

Respondent / Public Prosecutor

Procedural Posture

Criminal Appeal (sentencing) / High Court Appeal Against Sentence From Sessions Court

Legal Issues

  1. 1 Whether the sentence imposed by the Sessions Court was manifestly excessive
  2. 2 Whether the trial court applied correct principles of sentencing
  3. 3 Whether the decision in PP v Azfaiz Jamil applies to and requires reduction of sentence in this case

Ratio Decidendi

The High Court dismissed the appeal and upheld the Sessions Court sentence because the sentence fell within the statutory range under s39C ADB 1952, the trial judge applied correct sentencing principles, the appellant's prior convictions and lack of rehabilitation justified a longer custodial sentence for deterrence, and appellate intervention was not warranted absent error or manifest excessiveness.

Court Disposition

Appeal dismissed; Sessions Court sentence upheld

Orders

  • Appeal dismissed by High Court
  • Sessions Court sentence of six years imprisonment from 17.8.2022 upheld