CHEONG KIM TECK

CHEONG KIM TECK

Magistrate properly applied established sentencing principles: started from statutory maximum then reduced for mitigation (guilty plea, age, health, cooperation) but increased sentence due to multiple prior convictions which the court lawfully treated as proved because the accused orally admitted them when questioned under s.256 CPC; accordingly two custodial terms of three years were imposed to run concurrently, backdated to the date of arrest (4 May 2023).

Citation
AL-83D-440-07/2023 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Cheong Kim Teck (620615-08-5205)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 July 2023
Case Number
AL-83D-440-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal (drug Offences) / Sentencing Imposed in Magistrates' Court; Appeal to High Court Noted
Outcome
Accused convicted on two counts of possession of dangerous drugs; custodial sentence imposed by Magistrates' Court upheld as adequately reasoned.
Legal Topics
Possession of Controlled Drugs, Sentencing Principles and Mitigation, Admissibility of Previous Convictions, Confessions and Admissions, Sentence Commencement (s.282 Cpc)
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Criminal Procedure Possession of Controlled Drugs Sentencing Principles and Mitigation Admissibility of Previous Convictions Confessions and Admissions +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Cheong Kim Teck (620615-08-5205)

Accused

Procedural Posture

Criminal (drug Offences) / Sentencing Imposed in Magistrates' Court; Appeal to High Court Noted

Legal Issues

  1. 1 Whether previous convictions extracted from PDRM record (Exhibit P6) can be relied on in sentencing
  2. 2 Whether accused's oral admission to previous convictions when questioned by court is admissible and may be used to aggravate sentence
  3. 3 Proper application of sentencing principles including starting point, discounts for plea and mitigation, and consideration of public interest

Ratio Decidendi

Magistrate properly applied established sentencing principles: started from statutory maximum then reduced for mitigation (guilty plea, age, health, cooperation) but increased sentence due to multiple prior convictions which the court lawfully treated as proved because the accused orally admitted them when questioned under s.256 CPC; accordingly two custodial terms of three years were imposed to run concurrently, backdated to the date of arrest (4 May 2023).

Court Disposition

Accused convicted on two counts of possession of dangerous drugs; custodial sentence imposed by Magistrates' Court upheld as adequately reasoned.

Orders

  • Three years imprisonment for each charge
  • Sentences to run concurrently