MUSTAFIZUR HASHEMI BIN MUSTAFFA KAMAL

MUSTAFIZUR HASHEMI BIN MUSTAFFA KAMAL

Based on the admitted facts, exhibits including chemical analysis, and the accused's relevant prior convictions and aggressive conduct during arrest, the court found guilt under Section 39A(1) and Section 12(2)/(3) Dangerous Drugs Act 1952; public interest and deterrence, together with the accused's recidivism, justified substantial concurrent custodial sentences (40 months for count one, 10 months for count two) and three strokes per count with limited mitigation for the guilty plea.

Citation
NF-83D-145-05/2025 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused/defendant: Mustafizur Hashemi bin Mustaffa Kamal
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 May 2025
Case Number
NF-83D-145-05/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offences / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Possession of Controlled Drugs, Methamphetamine, Heroin, Plea of Guilty, Recidivism, Deterrence
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Possession of Controlled Drugs Methamphetamine Heroin Plea of Guilty Recidivism +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Mustafizur Hashemi bin Mustaffa Kamal

Accused/defendant

Procedural Posture

Criminal Drug Offences / Sentencing

Legal Issues

  1. 1 Whether accused was guilty of offences under Section 12(2)/12(3) and Section 39A(1) Dangerous Drugs Act 1952
  2. 2 Appropriate sentence given weight of drugs, prior convictions and deterrence/public interest
  3. 3 Whether plea of guilty merited significant mitigation given public protection and recidivism

Ratio Decidendi

Based on the admitted facts, exhibits including chemical analysis, and the accused's relevant prior convictions and aggressive conduct during arrest, the court found guilt under Section 39A(1) and Section 12(2)/(3) Dangerous Drugs Act 1952; public interest and deterrence, together with the accused's recidivism, justified substantial concurrent custodial sentences (40 months for count one, 10 months for count two) and three strokes per count with limited mitigation for the guilty plea.

Court Disposition

Convicted and sentenced

Orders

  • Count 1: 40 months imprisonment from date of arrest 24.2.2025 and 3 strokes
  • Count 2: 10 months imprisonment from date of arrest 24.2.2025 and 3 strokes