1. ) MUHAMMAD AKIF BIN MD. YUSOF 2. ) NOOR AZIZAH BINTI AZMI

1. ) MUHAMMAD AKIF BIN MD. YUSOF 2. ) NOOR AZIZAH BINTI AZMI

The mandatory minimum whipping of not less than ten strokes under Section 39A(2) Dangerous Drugs Act 1952 applies to possession of 56.00g methamphetamine and the court is bound to impose that minimum; in the circumstances the sentence of 10 years' imprisonment and 10 strokes is lawful, just and proportionate and the appeal against the whipping is dismissed.

Citation
JB-45A-10-03/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused (first Defendant, Appellant): Muhammad Akif bin Md. Yusof; Accused (second Defendant): Noor Azizah binti Azmi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 July 2023
Case Number
JB-45A-10-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Sentencing Appeal / Determination of Appeal Against Sentence (judgment)
Outcome
Appeal dismissed insofar as it relates to the sentence of whipping; conviction and sentence of 10 years imprisonment and 10 strokes affirmed.
Legal Topics
Mandatory Minimum Punishment, Whipping, Possession of Controlled Substance With Intent, Application of Dangerous Drugs Act 1952
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Mandatory Minimum Punishment Whipping Possession of Controlled Substance With Intent Application of Dangerous Drugs Act 1952

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Parties

Pendakwa Raya

Prosecution

Muhammad Akif bin Md. Yusof

Accused (first Defendant, Appellant)

Noor Azizah binti Azmi

Accused (second Defendant)

Procedural Posture

Criminal Sentencing Appeal / Determination of Appeal Against Sentence (judgment)

Legal Issues

  1. 1 Whether the mandatory minimum whipping under Section 39A(2) DDA 1952 may be reduced or avoided
  2. 2 Whether the sentence of 10 years imprisonment and 10 strokes is appropriate for possession of 56.00g methamphetamine
  3. 3 Whether appellant qualifies for exemption from whipping under Section 289 Criminal Procedure Code

Ratio Decidendi

The mandatory minimum whipping of not less than ten strokes under Section 39A(2) Dangerous Drugs Act 1952 applies to possession of 56.00g methamphetamine and the court is bound to impose that minimum; in the circumstances the sentence of 10 years' imprisonment and 10 strokes is lawful, just and proportionate and the appeal against the whipping is dismissed.

Court Disposition

Appeal dismissed insofar as it relates to the sentence of whipping; conviction and sentence of 10 years imprisonment and 10 strokes affirmed.

Orders

  • The appeal against the sentence of whipping is dismissed.
  • The conviction and sentence of imprisonment for 10 years and 10 strokes imposed on 6 May 2023 are affirmed.