SURENDER A.L TAMIL SELVAM

SURENDER A.L TAMIL SELVAM

The court held that while the accused's guilty plea and cooperation were mitigating, the quantity of cannabis (517.84g, exceeding the 200g threshold) and the public interest in deterrence and sentencing consistency justified a substantial custodial sentence. Having considered sentencing trends and mitigation, the court imposed 7 years 6 months imprisonment from 16-10-2022 and 10 strokes.

Citation
JA-45A-19-02/2023 (Mahkamah Tinggi)
Parties
Applicant/prosecutor: Public Prosecutor (Pendakwa Raya); Accused/respondent: Surender a/l Tamil Selvam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2025
Case Number
JA-45A-19-02/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence (dangerous Drugs Act 1952) / Sentencing (prosecutor's Appeal Against Sentence Filed)
Outcome
Accused convicted upon plea of guilty to the alternative charge and sentenced.
Legal Topics
Possession of Cannabis, Mandatory Sentences, Guilty Plea Credit, Sentencing Trends, Public Interest in Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Possession of Cannabis Mandatory Sentences Guilty Plea Credit Sentencing Trends Public Interest in Sentencing

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 4 Authorities cited 24 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Public Prosecutor (Pendakwa Raya)

Applicant/prosecutor

Surender a/l Tamil Selvam

Accused/respondent

Procedural Posture

Criminal Drug Offence (dangerous Drugs Act 1952) / Sentencing (prosecutor's Appeal Against Sentence Filed)

Legal Issues

  1. 1 Appropriate sentence for possession of 517.84g of cannabis under s.39A(2) ADB 1952
  2. 2 Extent of mitigation for guilty plea and cooperation
  3. 3 Weighing public interest and deterrence against individual mitigating factors

Ratio Decidendi

The court held that while the accused's guilty plea and cooperation were mitigating, the quantity of cannabis (517.84g, exceeding the 200g threshold) and the public interest in deterrence and sentencing consistency justified a substantial custodial sentence. Having considered sentencing trends and mitigation, the court imposed 7 years 6 months imprisonment from 16-10-2022 and 10 strokes.

Court Disposition

Accused convicted upon plea of guilty to the alternative charge and sentenced.

Orders

  • Convicted on alternative charge under s.6 Dangerous Drugs Act 1952 read with s.39A(2) Dangerous Drugs Act 1952
  • Sentenced to 7 years 6 months' imprisonment to run from 16-10-2022