[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SURIFKI ARDIANSYAH 2. ) RAMADHAN BIN SOFYANKAYLANI

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) SURIFKI ARDIANSYAH 2. ) RAMADHAN BIN SOFYANKAYLANI

Court balanced mitigating factors (early guilty pleas, first offences, personal circumstances) against the overriding public interest and need for deterrence in drug cases; having regard to the quantity (2.9g) and applicable legal principles, the appropriate and proportionate sentence is 48 months imprisonment from date of arrest.

Citation
CF-83D-798-11/2024 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Accused: SURIFKI ARDIANSYAH (E2346159); Accused: RAMADHAN BIN SOFYANKAYLANI (TIADA PASSPORT)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 January 2025
Case Number
CF-83D-798-11/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to 48 months imprisonment from date of arrest.
Legal Topics
Possession of Methamphetamine, Section 12(2) Dangerous Drugs Act 1952, Section 34 Penal Code, Mitigation and Aggravation, Deterrence, Guilty Plea Discount
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Possession of Methamphetamine Section 12(2) Dangerous Drugs Act 1952 Section 34 Penal Code Mitigation and Aggravation Deterrence +1 more

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Parties

PENDAKWARAYA

Prosecutor

SURIFKI ARDIANSYAH (E2346159)

Accused

RAMADHAN BIN SOFYANKAYLANI (TIADA PASSPORT)

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused possessed 2.9g methamphetamine contrary to Section 12(2) Dangerous Drugs Act 1952 read with Section 34 Penal Code
  2. 2 Appropriate and proportionate sentence given guilty pleas, first offences and mitigating factors vs public interest and deterrence
  3. 3 Application of guilty plea discount and principles of proportionality in sentencing drug offences

Ratio Decidendi

Court balanced mitigating factors (early guilty pleas, first offences, personal circumstances) against the overriding public interest and need for deterrence in drug cases; having regard to the quantity (2.9g) and applicable legal principles, the appropriate and proportionate sentence is 48 months imprisonment from date of arrest.

Court Disposition

Convicted; sentenced to 48 months imprisonment from date of arrest.

Orders

  • Sentenced to 48 months imprisonment from date of arrest.