PENDAKWARAYA HONG WEI HUANG

PENDAKWARAYA HONG WEI HUANG

Accused convicted on guilty plea to possession of 52.04g methamphetamine under s.12(2) read with s.39A(2); after weighing mitigating factors (first offender, family responsibilities, remorse, guilty plea) against the gravity of the offence and public interest in deterrence, the appropriate sentence is 14 years' imprisonment and 10 strokes, to run from date of arrest 24 August 2018.

Citation
JB-45A-12-12/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Hong Wei Huang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 November 2021
Case Number
JB-45A-12-12/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offence) / Sentencing After Guilty Plea
Outcome
Accused found guilty on guilty plea and sentenced to imprisonment and corporal punishment.
Legal Topics
Possession of a Controlled Drug, Guilty Plea Mitigation, Deterrence, Public Interest in Sentencing, Sentencing Precedents
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Possession of a Controlled Drug Guilty Plea Mitigation Deterrence Public Interest in Sentencing Sentencing Precedents

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Parties

Pendakwa Raya

Prosecutor

Hong Wei Huang

Accused

Procedural Posture

Criminal (drug Offence) / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for possession of 52.04g methamphetamine under s.12(2) read with s.39A(2) Dangerous Drugs Act 1952
  2. 2 Extent to which guilty plea merits mitigation
  3. 3 Balancing individual mitigating factors against public interest and deterrence

Ratio Decidendi

Accused convicted on guilty plea to possession of 52.04g methamphetamine under s.12(2) read with s.39A(2); after weighing mitigating factors (first offender, family responsibilities, remorse, guilty plea) against the gravity of the offence and public interest in deterrence, the appropriate sentence is 14 years' imprisonment and 10 strokes, to run from date of arrest 24 August 2018.

Court Disposition

Accused found guilty on guilty plea and sentenced to imprisonment and corporal punishment.

Orders

  • Imprisonment for 14 years to run from 24 August 2018
  • Ten strokes of the rotan (caning)