[Timbalan (TPR), Jabatan Peguam Negara] 1. ) HAMRAN BIN ABU HASSAN 2. ) MUHAMMAD SUFIAN BIN MOHAMAD GHAZALI 3. ) MOHD HAFIF BIN MOHAMED 4. ) MUHAMAD AMIN NUR RASHID BIN MOHAMED PUAD 5. ) MOHD NOORAZIQ AMZAR BIN MAHADZIR 6. ) MIZAB BIN MUSTA

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) HAMRAN BIN ABU HASSAN 2. ) MUHAMMAD SUFIAN BIN MOHAMAD GHAZALI 3. ) MOHD HAFIF BIN MOHAMED 4. ) MUHAMAD AMIN NUR RASHID BIN MOHAMED PUAD 5. ) MOHD NOORAZIQ AMZAR BIN MAHADZIR 6. ) MIZAB BIN MUSTA

Court accepted the factual and forensic evidence establishing possession of 996.5g cannabis, accepted the guilty plea (at first instance) and mitigating factors (first offender, cooperation, remand, remorse) but weighed them against seriousness and public interest; exercised discretion to impose 12 years' imprisonment from 3 October 2023 and 10 strokes under s39A(2) DDA 1952; charges against co-accused 1–6 withdrawn and they were discharged.

Citation
WA-45A-9-01/2024 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Hamran bin Abu Hassan (No. K/P: 670505-10-5549); Accused: Muhammad Sufian bin Mohamad Ghazali (No. K/P: 930528-08-5913); Accused: Mohd Hafif bin Mohamed (No. K/P: 861024-59-5307); Accused: Muhamad Amin Nur Rashid bin Mohamed Puad (No. K/P: 860301-59-5483); Accused: Mohd Nooraziq Amzar bin Mahadzir (No. K/P: 910916-09-5365); Accused: Mizab bin Mustafa (No. K/P: 840620-10-5199); Accused: Isnoor Adnan bin Ismail (No. K/P: 771225-14-5055); Accused: OKT7: Muhamad Amin Nur Rashid bin Mohamed Puad (identified as defendant 7 in judgment)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 August 2024
Case Number
WA-45A-9-01/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Conviction and Sentencing
Outcome
Defendant identified as OKT7 convicted on amended charge (possession under s6 read with s39A(2) Dangerous Drugs Act 1952) and sentenced to 12 years imprisonment effective from 3 October 2023 and 10 strokes; co-accused (OKT1–OKT6) charges withdrawn and they are discharged and acquitted of original s39B(1)(a) charges.
Legal Topics
Possession/trafficking of Cannabis, Sentencing Range Under Statutory Provisions, Guilty Plea Mitigation, Withdrawal of Charges Against Co Accused
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Possession/trafficking of Cannabis Sentencing Range Under Statutory Provisions Guilty Plea Mitigation Withdrawal of Charges Against Co Accused

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Hamran bin Abu Hassan (No. K/P: 670505-10-5549)

Accused

Muhammad Sufian bin Mohamad Ghazali (No. K/P: 930528-08-5913)

Accused

Mohd Hafif bin Mohamed (No. K/P: 861024-59-5307)

Accused

Muhamad Amin Nur Rashid bin Mohamed Puad (No. K/P: 860301-59-5483)

Accused

Mohd Nooraziq Amzar bin Mahadzir (No. K/P: 910916-09-5365)

Accused

Mizab bin Mustafa (No. K/P: 840620-10-5199)

Accused

Isnoor Adnan bin Ismail (No. K/P: 771225-14-5055)

Accused

OKT7: Muhamad Amin Nur Rashid bin Mohamed Puad (identified as defendant 7 in judgment)

Accused

Procedural Posture

Criminal Drug Offence / Conviction and Sentencing

Legal Issues

  1. 1 Whether OKT7 was guilty of possession/trafficking of 996.5g of cannabis
  2. 2 What sentence is appropriate within the statutory range under s39A(2) Dangerous Drugs Act 1952
  3. 3 Whether mitigatory factors (guilty plea, first offender, cooperation, remand period, family/ employment circumstances) justify reduction

Ratio Decidendi

Court accepted the factual and forensic evidence establishing possession of 996.5g cannabis, accepted the guilty plea (at first instance) and mitigating factors (first offender, cooperation, remand, remorse) but weighed them against seriousness and public interest; exercised discretion to impose 12 years' imprisonment from 3 October 2023 and 10 strokes under s39A(2) DDA 1952; charges against co-accused 1–6 withdrawn and they were discharged.

Court Disposition

Defendant identified as OKT7 convicted on amended charge (possession under s6 read with s39A(2) Dangerous Drugs Act 1952) and sentenced to 12 years imprisonment effective from 3 October 2023 and 10 strokes; co-accused (OKT1–OKT6) charges withdrawn and they are discharged and acquitted of original s39B(1)(a) charges.

Orders

  • Sentence of 12 years imprisonment against OKT7 to run from 3 October 2023
  • Ten (10) strokes of the rotan to be administered on OKT7