MUHAMMAD HATTA NURHAFIDZ BIN MOHD YUSOF

MUHAMMAD HATTA NURHAFIDZ BIN MOHD YUSOF

Court accepted the plea in accordance with established guidelines, considered admitted prior convictions (P6) and sentencing trends, and concluded that deterrence and public interest required custodial sentences. Accordingly the accused was convicted and sentenced: for BL-83D-1313-09-12/2021 (possession of 6.90g methamphetamine under s.12(2), sentenced under s.39A(1)) to 30 months imprisonment and three strokes of the rotan; for BL-83D-1693-12/2021 (possession of 0.10g monoacetylmorphines under s.12(2), sentenced under s.12(3)) to 12 months imprisonment. Both custodial terms commence after completion of sentence in case No. BL-83D-1692-12/2021.

Citation
BL-83D-1693-12/2021 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhammad Hatta Nurhafidz bin Mohd Yusof
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 March 2022
Case Number
BL-83D-1693-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act (possession) / Sentencing and Judgment
Outcome
Convicted and sentenced
Legal Topics
Possession of Controlled Drugs, Plea Acceptance, Mitigation and Aggravation, Prior Convictions, Deterrence
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Possession of Controlled Drugs Plea Acceptance Mitigation and Aggravation Prior Convictions Deterrence

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Parties

Pendakwa Raya

Prosecutor

Muhammad Hatta Nurhafidz bin Mohd Yusof

Accused

Procedural Posture

Criminal Dangerous Drugs Act (possession) / Sentencing and Judgment

Legal Issues

  1. 1 Whether the accused validly entered a plea of guilt and the requirements for accepting such plea
  2. 2 Appropriate sentence for possession of methamphetamine (6.90 g) and monoacetylmorphines (0.10 g) under the Dangerous Drugs Act 1952
  3. 3 Whether admitted previous convictions (P6) may be considered in sentencing

Ratio Decidendi

Court accepted the plea in accordance with established guidelines, considered admitted prior convictions (P6) and sentencing trends, and concluded that deterrence and public interest required custodial sentences. Accordingly the accused was convicted and sentenced: for BL-83D-1313-09-12/2021 (possession of 6.90g methamphetamine under s.12(2), sentenced under s.39A(1)) to 30 months imprisonment and three strokes of the rotan; for BL-83D-1693-12/2021 (possession of 0.10g monoacetylmorphines under s.12(2), sentenced under s.12(3)) to 12 months imprisonment. Both custodial terms commence after completion of sentence in case No. BL-83D-1692-12/2021.

Court Disposition

Convicted and sentenced

Orders

  • Case BL-83D-1313-09-12/2021: Convicted under s.12(2) Dangerous Drugs Act 1952 and sentenced under s.39A(1) to 30 months imprisonment and three (3) strokes of the rotan; sentence to commence after completion of sentence in case No. BL-83D-1692-12/2021.
  • Case BL-83D-1693-12/2021: Convicted under s.12(2) Dangerous Drugs Act 1952 and sentenced under s.12(3) to 12 months imprisonment; sentence to commence after completion of sentence in case No. BL-83D-1692-12/2021.