Abdul Haffiz Bin Abdul Mutalib

Abdul Haffiz Bin Abdul Mutalib

Court accepted guilty plea and mitigating factors but held that public interest, deterrence and legislative amendments increasing maximum penalties outweighed leniency; imposed 12 years imprisonment from date of arrest (18.5.2022) and 10 strokes as a sentence within statutory range under s12(2) DDA punishable under s39A(2).

Citation
KA-45A-62-11/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Abdul Haffiz bin Abdul Mutalib
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 October 2023
Case Number
KA-45A-62-11/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing (convicted on Guilty Plea); Appeal Filed
Outcome
Accused convicted on guilty plea and sentenced
Legal Topics
Possession of Methamphetamine, Sentencing, Guilty Plea, Deterrence, Legislative Amendment Impact
Source Language
Malay/English
Criminal Law Drug Offences Possession of Methamphetamine Sentencing Guilty Plea Deterrence Legislative Amendment Impact

Case Brief

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Parties

Public Prosecutor

Prosecutor

Abdul Haffiz bin Abdul Mutalib

Accused

Procedural Posture

Criminal / Sentencing (convicted on Guilty Plea); Appeal Filed

Legal Issues

  1. 1 Whether the accused is guilty of possession of 55.52g methamphetamine under s12(2) Dangerous Drugs Act 1952 punishable under s39A(2)
  2. 2 Appropriate sentence having regard to guilty plea, first offender status, mitigating facts and public interest/deterrence
  3. 3 Weight to be given to legislative amendments increasing maximum penalties

Ratio Decidendi

Court accepted guilty plea and mitigating factors but held that public interest, deterrence and legislative amendments increasing maximum penalties outweighed leniency; imposed 12 years imprisonment from date of arrest (18.5.2022) and 10 strokes as a sentence within statutory range under s12(2) DDA punishable under s39A(2).

Court Disposition

Accused convicted on guilty plea and sentenced

Orders

  • Original charge under s39B(1)(a) withdrawn
  • Convicted under s12(2) Dangerous Drugs Act 1952 punishable under s39A(2)