NUR AZMUDDIN BIN MD NOOR [TIMBALAN ]

NUR AZMUDDIN BIN MD NOOR [TIMBALAN ]

The Court allowed the appeal in part on sentencing ground: maintaining the minimum imprisonment term of 30 years but reducing the number of whipping strokes from fifteen to the minimal twelve because the guilty plea, mitigation (first offender, remorse, family circumstances) and the benefit to the co-accused justified limited interference with the whipping component while leaving the custodial sentence intact given the large quantity of drugs and statutory sentencing framework under s39B(2).

Citation
K-05(H)-175-04/2023 (Mahkamah Rayuan)
Parties
Perayu / Appellant: Nur Azmuddin bin Md Noor; Respondent / Public Prosecutor: Pendakwa Raya; Co Accused (released): Norfaizah binti Mohd Nor
Court
H
Jurisdiction
Malaysia
Judgment Date
9 December 2025
Case Number
K-05(H)-175-04/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Offence) / Court of Appeal Judgment on Sentence (appeal Allowed in Part)
Outcome
Appeal allowed in part: whipping reduced from 15 strokes to 12 strokes; custodial sentence maintained as minimum 30 years from date of arrest; conviction upheld.
Legal Topics
Mandatory Sentencing Under Dangerous Drugs Act, Interpretation of Statutory Limbs (s39 B(2 A)), Effect of Guilty Plea on Appeals, Corporal Punishment (whipping)
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Appellate Procedure Mandatory Sentencing Under Dangerous Drugs Act Interpretation of Statutory Limbs (s39 B(2 A)) Effect of Guilty Plea on Appeals Corporal Punishment (whipping)

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Parties

Nur Azmuddin bin Md Noor

Perayu / Appellant

Pendakwa Raya

Respondent / Public Prosecutor

Norfaizah binti Mohd Nor

Co Accused (released)

Procedural Posture

Criminal Appeal (drug Offence) / Court of Appeal Judgment on Sentence (appeal Allowed in Part)

Legal Issues

  1. 1 Whether the Court should interfere with the sentence imposed under Section 39B(2) Dangerous Drugs Act 1952
  2. 2 Whether the Court should impose death or life imprisonment in the circumstances and applicability of s39B(2A) limbs (conjunctive vs disjunctive reading)
  3. 3 Whether reduction of number of strokes (whipping) is justified despite large quantity of drugs

Ratio Decidendi

The Court allowed the appeal in part on sentencing ground: maintaining the minimum imprisonment term of 30 years but reducing the number of whipping strokes from fifteen to the minimal twelve because the guilty plea, mitigation (first offender, remorse, family circumstances) and the benefit to the co-accused justified limited interference with the whipping component while leaving the custodial sentence intact given the large quantity of drugs and statutory sentencing framework under s39B(2).

Court Disposition

Appeal allowed in part: whipping reduced from 15 strokes to 12 strokes; custodial sentence maintained as minimum 30 years from date of arrest; conviction upheld.

Orders

  • Reduce number of whipping strokes from fifteen (15) to twelve (12) strokes minimum
  • Maintain custodial sentence as imprisonment for thirty (30) years from date of arrest