MEOR AMIN BIN MEOR AZALAN

MEOR AMIN BIN MEOR AZALAN

The High Court held the magistrate did not err in imposing 30 months imprisonment and 5 strokes for possession of 44.31g cannabis under s39A(1) ADB; the sentence was not manifestly excessive and appropriate mitigation and aggravating factors were considered. However, the commencement date of the custodial sentence was ordered to be the date the sentence was passed (2.10.2023).

Citation
BA-41H-42-11/2023 (Mahkamah Tinggi)
Parties
Appellant/accused: Meor Amin bin Meor Azalan; Respondent/public Prosecutor: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 August 2024
Case Number
BA-41H-42-11/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeal dismissed in part; sentence upheld but commencement date altered
Legal Topics
Possession of Cannabis, Mandatory Minimum Sentence, Commencement of Sentence, Concurrent Sentences, Mitigation and Rehabilitation
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Law Procedure Possession of Cannabis Mandatory Minimum Sentence Commencement of Sentence Concurrent Sentences +1 more

Case Brief

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Parties

Meor Amin bin Meor Azalan

Appellant/accused

Pendakwa Raya

Respondent/public Prosecutor

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the magistrate erred by ordering the custodial sentence to commence after completion of the appellant's existing sentence
  2. 2 Whether the 30 month imprisonment and 5 strokes was manifestly excessive
  3. 3 Whether the quantity of cannabis (44.31g) justified an inference of intent to distribute within the prison

Ratio Decidendi

The High Court held the magistrate did not err in imposing 30 months imprisonment and 5 strokes for possession of 44.31g cannabis under s39A(1) ADB; the sentence was not manifestly excessive and appropriate mitigation and aggravating factors were considered. However, the commencement date of the custodial sentence was ordered to be the date the sentence was passed (2.10.2023).

Court Disposition

Appeal dismissed in part; sentence upheld but commencement date altered

Orders

  • The sentence of 30 months imprisonment and 5 strokes imposed by the Magistrate is upheld
  • The custodial sentence for this conviction shall commence from 2.10.2023