[Pejabat Penasihat Undang-Undang Negeri] MOHAMAD AZRUL AZLAN BIN MOHAMAD

[Pejabat Penasihat Undang-Undang Negeri] MOHAMAD AZRUL AZLAN BIN MOHAMAD

Court accepted accused's voluntary early guilty plea, found him a first offender and likely user, weighed mitigation against public interest and sentencing trends, and held that a sentence of 7 years' imprisonment from date of arrest (21.05.2020) and 10 strokes is lawful, proportionate and appropriate under s12(2) read with s39A(2) of the Dangerous Drugs Act 1952.

Citation
PB-45A-12-01/2022 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: Mohamad Azrul Azlan bin Mohamad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 March 2024
Case Number
PB-45A-12-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence (dangerous Drugs Act 1952) / Sentencing / Reasons (prosecution Filed Appeal)
Outcome
Accused convicted on plea of guilty to possession of 139.8 grams Methamphetamine under section 12(2) read with section 39A(2) Dangerous Drugs Act 1952; sentenced.
Legal Topics
Possession of Methamphetamine, Plea of Guilty and Mitigation, Public Interest and Deterrence, Sentencing Trends
Source Language
Malay/English
Criminal Law Drugs (dangerous Drugs Act) Sentencing Possession of Methamphetamine Plea of Guilty and Mitigation Public Interest and Deterrence Sentencing Trends

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

Mohamad Azrul Azlan bin Mohamad

Accused

Procedural Posture

Criminal Drug Offence (dangerous Drugs Act 1952) / Sentencing / Reasons (prosecution Filed Appeal)

Legal Issues

  1. 1 Validity and voluntariness of plea of guilt
  2. 2 Proper statutory sentence under s12(2) read with s39A(2) Dangerous Drugs Act 1952
  3. 3 Weight to be given to mitigating factors (first offender, early plea, cooperation) versus aggravating factors (public interest, deterrence)

Ratio Decidendi

Court accepted accused's voluntary early guilty plea, found him a first offender and likely user, weighed mitigation against public interest and sentencing trends, and held that a sentence of 7 years' imprisonment from date of arrest (21.05.2020) and 10 strokes is lawful, proportionate and appropriate under s12(2) read with s39A(2) of the Dangerous Drugs Act 1952.

Court Disposition

Accused convicted on plea of guilty to possession of 139.8 grams Methamphetamine under section 12(2) read with section 39A(2) Dangerous Drugs Act 1952; sentenced.

Orders

  • Convicted under section 12(2) read with section 39A(2) Dangerous Drugs Act 1952 (P1A)
  • Sentence: 7 years imprisonment commencing from date of arrest 21 May 2020