MOHD FURQAN BIN MD YUSUF

MOHD FURQAN BIN MD YUSUF

The court accepted the accused's guilty plea as voluntary and informed, and having weighed mitigating factors against the serious nature of the offences, the substantial weight of heroin (54.5g) and public interest in deterrence, imposed a concurrent sentence of eight years' imprisonment commencing from date of arrest and ten strokes for the substituted possession charge (s12(2) read with s39A(2) Akta 234); the sentence was held to be appropriate and not grossly inadequate.

Citation
KA-45A-50-10/2023 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohd Furqan bin Md Yusuf
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 October 2025
Case Number
KA-45A-50-10/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act 1952 Offences / Conviction and Sentencing (guilty Plea Accepted)
Outcome
Accused convicted on substituted possession charges and sentenced to 8 years' imprisonment and 10 strokes; sentences to run concurrently; prosecution has appealed sentence in KA-45A-50-10/2023.
Legal Topics
Plea Acceptance Under S178(2) Ccr P, Possession and Distribution of Dangerous Drugs, Mitigation and Aggravation in Sentencing, Deterrence and Public Interest, Statutory Sentencing Ranges and Amendments
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Plea Acceptance Under S178(2) Ccr P Possession and Distribution of Dangerous Drugs Mitigation and Aggravation in Sentencing Deterrence and Public Interest Statutory Sentencing Ranges and Amendments

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Parties

Pendakwa Raya

Prosecutor

Mohd Furqan bin Md Yusuf

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 Offences / Conviction and Sentencing (guilty Plea Accepted)

Legal Issues

  1. 1 Whether the accused's guilty plea was made voluntarily and with understanding of consequences under s178(2) CCrP
  2. 2 Appropriate sentence for possession of heroin (54.5g) under s12(2) read with s39A(2) DDA 1952 (Akta 234)
  3. 3 Weight of drugs and public interest as dominant sentencing considerations in drug offences

Ratio Decidendi

The court accepted the accused's guilty plea as voluntary and informed, and having weighed mitigating factors against the serious nature of the offences, the substantial weight of heroin (54.5g) and public interest in deterrence, imposed a concurrent sentence of eight years' imprisonment commencing from date of arrest and ten strokes for the substituted possession charge (s12(2) read with s39A(2) Akta 234); the sentence was held to be appropriate and not grossly inadequate.

Court Disposition

Accused convicted on substituted possession charges and sentenced to 8 years' imprisonment and 10 strokes; sentences to run concurrently; prosecution has appealed sentence in KA-45A-50-10/2023.

Orders

  • Accused convicted on substituted charge under s12(2) Akta 234 read with s39A(2) Akta 234 and sentenced to 8 years' imprisonment commencing from date of arrest and 10 strokes
  • Same sentence imposed for KA-45-13-10/2023; all custodial sentences ordered to run concurrently