MUHAMAD SUFIAN BIN HASSAN

MUHAMAD SUFIAN BIN HASSAN

The court held that Section 39C(1) prescribes a mandatory minimum sentence of five years' imprisonment and whipping, leaving no discretion to impose a lesser term; given appellant's two prior convictions for s.15 offences and lack of convincing mitigation, the minimum sentence of five years imprisonment and one rotan stroke, plus a two-year supervision order, was appropriate and not manifestly excessive.

Citation
DA-62D-39-02/2024 (Mahkamah Sesyen)
Parties
Appellant (accused): Muhamad Sufian bin Hassan; Respondent (prosecutor): Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
12 December 2024
Case Number
DA-62D-39-02/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal / Appeal Against Sentence — Judgment on Appellant's Challenge to Sentence
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Mandatory Minimum Sentence, Repeat Offender Sentencing, Guilty Plea Mitigation, Supervision Order Under Section 38 B
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Mandatory Minimum Sentence Repeat Offender Sentencing Guilty Plea Mitigation Supervision Order Under Section 38 B

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Muhamad Sufian bin Hassan

Appellant (accused)

Pendakwa Raya

Respondent (prosecutor)

Procedural Posture

Criminal Appeal / Appeal Against Sentence — Judgment on Appellant's Challenge to Sentence

Legal Issues

  1. 1 Whether the sentence of five years imprisonment and one rotan stroke is lawful and manifestly excessive
  2. 2 Whether the court has discretion to impose less than the statutory minimum under Section 39C(1) Dangerous Drugs Act 1952
  3. 3 Appropriate weight to give to guilty plea and appellant's personal circumstances given repeat convictions

Ratio Decidendi

The court held that Section 39C(1) prescribes a mandatory minimum sentence of five years' imprisonment and whipping, leaving no discretion to impose a lesser term; given appellant's two prior convictions for s.15 offences and lack of convincing mitigation, the minimum sentence of five years imprisonment and one rotan stroke, plus a two-year supervision order, was appropriate and not manifestly excessive.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Conviction recorded under Section 15(1)(a) Dangerous Drugs Act 1952
  • Sentence of five years' imprisonment to take effect 18/02/2024