WAN MOHAMAD FARIF BIN WAN AHMAD

WAN MOHAMAD FARIF BIN WAN AHMAD

Given the quantity and form of the methamphetamine (85.96g in pill form, thousands of pills) and the need to serve public interest and deterrence, the mitigating factors did not justify a lesser term; the appropriate sentence is 15 years' imprisonment and 10 strokes of the rotan commencing from date of arrest under section 12(2)/39A(2) Akta Dadah Berbahaya 1952.

Citation
DA-45A-26-05/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant/appellant: Wan Mohamad Farif bin Wan Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 December 2023
Case Number
DA-45A-26-05/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing Appeal
Outcome
Appeal dismissed; sentence affirmed.
Legal Topics
Possession of Methamphetamine, Sentencing, Mitigation, Public Interest
Source Language
Malay/English
Criminal Law Drug Offences Possession of Methamphetamine Sentencing Mitigation Public Interest

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Wan Mohamad Farif bin Wan Ahmad

Defendant/appellant

Procedural Posture

Criminal / Sentencing Appeal

Legal Issues

  1. 1 Whether accused was guilty of possession of methamphetamine under section 12(2) read with section 39A(2) Akta Dadah Berbahaya 1952
  2. 2 Appropriate sentence given quantity of drug seized (85.96g) and form (pills)
  3. 3 Weighing mitigation (first offender, guilty plea) against public interest and deterrence

Ratio Decidendi

Given the quantity and form of the methamphetamine (85.96g in pill form, thousands of pills) and the need to serve public interest and deterrence, the mitigating factors did not justify a lesser term; the appropriate sentence is 15 years' imprisonment and 10 strokes of the rotan commencing from date of arrest under section 12(2)/39A(2) Akta Dadah Berbahaya 1952.

Court Disposition

Appeal dismissed; sentence affirmed.

Orders

  • Convicted under section 12(2) read with section 39A(2) Akta Dadah Berbahaya 1952.
  • Sentence of 15 years' imprisonment commencing from date of arrest.