1. ) NUR LIYANA NADIA BINTI ROSLI 2. ) MOHAMMAD IZZUDDIN SAFWAN BIN MOHAMMAD RADZIF

1. ) NUR LIYANA NADIA BINTI ROSLI 2. ) MOHAMMAD IZZUDDIN SAFWAN BIN MOHAMMAD RADZIF

Court accepted mitigating factors (guilty plea, first offender status, personal circumstances) but held the quantity of methamphetamine (53.64g) exceeded the statutory threshold and public interest required a deterrent sentence; applying precedents and sentencing trends the court imposed nine years’ imprisonment each, exempted caning for the female accused and imposed ten strokes on the male accused.

Citation
KB-45A-14-05/2024 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Nur Liyana Nadia Binti Rosli; Accused: Mohammad Izzuddin Safwan Bin Mohammad Radzif
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 January 2026
Case Number
KB-45A-14-05/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Narcotics (possession for Trafficking / Alternative Charge) / Conviction Recorded and Sentencing at High Court; Sentence Appealed
Outcome
Both accused convicted on the alternative charge; OKT1 sentenced to nine years’ imprisonment from date of arrest (07.12.2023) without caning (female); OKT2 sentenced to nine years’ imprisonment from date of arrest (07.12.2023) and ten strokes of the rotan.
Legal Topics
Possession of Controlled Drugs, Sentencing Principles, Mandatory Caning, Plea Mitigation, Alternative/choice of Charge
Source Language
Malay/English
Criminal Law Narcotics Law Sentencing Law Possession of Controlled Drugs Sentencing Principles Mandatory Caning Plea Mitigation Alternative/choice of Charge

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Parties

Pendakwa Raya

Prosecution

Nur Liyana Nadia Binti Rosli

Accused

Mohammad Izzuddin Safwan Bin Mohammad Radzif

Accused

Procedural Posture

Criminal Narcotics (possession for Trafficking / Alternative Charge) / Conviction Recorded and Sentencing at High Court; Sentence Appealed

Legal Issues

  1. 1 Appropriate sentence for possession of methamphetamine 53.64g under s.12(2) read with s.39A(2) DDA 1952
  2. 2 Weight of drug relative to statutory threshold and its impact on sentencing
  3. 3 Mitigating effect of guilty plea and first‑offender status

Ratio Decidendi

Court accepted mitigating factors (guilty plea, first offender status, personal circumstances) but held the quantity of methamphetamine (53.64g) exceeded the statutory threshold and public interest required a deterrent sentence; applying precedents and sentencing trends the court imposed nine years’ imprisonment each, exempted caning for the female accused and imposed ten strokes on the male accused.

Court Disposition

Both accused convicted on the alternative charge; OKT1 sentenced to nine years’ imprisonment from date of arrest (07.12.2023) without caning (female); OKT2 sentenced to nine years’ imprisonment from date of arrest (07.12.2023) and ten strokes of the rotan.

Orders

  • OKT1: nine (9) years imprisonment from 07.12.2023; corporal punishment exempted (female).
  • OKT2: nine (9) years imprisonment from 07.12.2023 and ten (10) strokes of the rotan.