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

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

Having accepted the accuseds' early guilty pleas and first‑offender status but weighing public interest, deterrence and the fact they are foreign nationals, the appropriate and proportionate sentence is 48 months' imprisonment from date of arrest for possession of 2.9g Methamphetamine contrary to Section 12(2) DDA read with Section 34 Penal Code.

Citation
CF-83D-798-11/2024 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Surifki Ardiansyah (E2346159); Accused: Ramadhan bin Sofyankaylani (No passport)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 January 2025
Case Number
CF-83D-798-11/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs (possession) / Sentencing (magistrate Court)
Outcome
Accused convicted; sentenced to 48 months' imprisonment from date of arrest.
Legal Topics
Possession of Methamphetamine, Plea and Mitigation, Deterrence and Public Interest, Application of Section 12(2) and 12(3) Dangerous Drugs Act 1952, Joint Liability Under Section 34 Penal Code
Source Language
Malay/English
Criminal Law Drugs / Narcotics Law Sentencing Possession of Methamphetamine Plea and Mitigation Deterrence and Public Interest Application of Section 12(2) and 12(3) Dangerous Drugs Act 1952 Joint Liability Under Section 34 Penal Code

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Parties

Pendakwa Raya

Prosecution

Surifki Ardiansyah (E2346159)

Accused

Ramadhan bin Sofyankaylani (No passport)

Accused

Procedural Posture

Criminal Dangerous Drugs (possession) / Sentencing (magistrate Court)

Legal Issues

  1. 1 Whether accused possessed Methamphetamine contrary to Section 12(2) DDA 1952
  2. 2 Appropriate sentence balancing mitigation (first offence and early plea) against public interest and deterrence
  3. 3 Application of plea discount and proportionality in sentencing

Ratio Decidendi

Having accepted the accuseds' early guilty pleas and first‑offender status but weighing public interest, deterrence and the fact they are foreign nationals, the appropriate and proportionate sentence is 48 months' imprisonment from date of arrest for possession of 2.9g Methamphetamine contrary to Section 12(2) DDA read with Section 34 Penal Code.

Court Disposition

Accused convicted; sentenced to 48 months' imprisonment from date of arrest.

Orders

  • Sentenced to 48 months' imprisonment from date of arrest for offence under Section 12(2) Dangerous Drugs Act 1952 read with Section 34 Penal Code.