[ ] CHE MUHAMAD AZREEN BIN CHE YUSOFF
Despite mitigation, the court imposed a deterrent and proportionate sentence (fine RM14,000 or 22 months’ imprisonment) because the number of pills (52) indicated distribution intent and public interest in deterring drug offences outweighs reduction to the modest fine sought by defence.
- Citation
- DC-83D-1781-10/2024 (Mahkamah Majistret)
- Parties
- Prosecution: Pendakwa Raya; Accused: Che Muhamad Azreen bin Che Yusoff
- Court
- Magistrates' Court
- Jurisdiction
- Malaysia
- Judgment Date
- 28 January 2025
- Case Number
- DC-83D-1781-10/2024 (Mahkamah Majistret)
- Procedural Posture
- Criminal Drug Offence / Convicted and Sentenced; Notice of Appeal Filed
- Outcome
- Accused convicted on amended charge; sentenced to a fine of RM14,000.00 or in default 22 months imprisonment; Notice of Appeal filed 05.02.2025.
- Legal Topics
- Possession of Methamphetamine, Mitigation and Aggravation, Deterrent Sentencing, Judicial Notice
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Pendakwa Raya
Prosecution
Che Muhamad Azreen bin Che Yusoff
Accused
Procedural Posture
Criminal Drug Offence / Convicted and Sentenced; Notice of Appeal Filed
Legal Issues
- 1 Appropriate sentence for possession of 0.60g methamphetamine and 52 pills
- 2 Extent to which mitigation (guilty plea, low income, dependents) should reduce sentence
- 3 Public interest and deterrence in sentencing drug offences
Ratio Decidendi
Despite mitigation, the court imposed a deterrent and proportionate sentence (fine RM14,000 or 22 months’ imprisonment) because the number of pills (52) indicated distribution intent and public interest in deterring drug offences outweighs reduction to the modest fine sought by defence.
Court Disposition
Accused convicted on amended charge; sentenced to a fine of RM14,000.00 or in default 22 months imprisonment; Notice of Appeal filed 05.02.2025.
Orders
- Accused to pay a fine of RM14,000.00 or in default to serve 22 months imprisonment
- Record of conviction and sentence; appeal noted by accused (Notice of Appeal filed 05.02.2025)
Full Case Text
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