WONG MUN KIN

WONG MUN KIN

Accused was convicted under Section 12(2) Dangerous Drugs Act 1952 and sentenced to two years imprisonment effective 25 February 2025; the three strokes of corporal punishment were void because accused was over 50 at sentencing and therefore set aside under section 316 CPC; exhibits ordered to be disposed by prosecution after expiry of appeal period.

Citation
AH-83D-661-08/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Wong Mun Kin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 February 2025
Case Number
AH-83D-661-08/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing; Appeal Filed
Outcome
Accused convicted and sentenced to imprisonment; corporal punishment set aside; appeal filed.
Legal Topics
Possession of Controlled Drugs, Sentencing Under Dangerous Drugs Act 1952, Corporal Punishment Prohibition (age), Appeal Against Sentence
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Possession of Controlled Drugs Sentencing Under Dangerous Drugs Act 1952 Corporal Punishment Prohibition (age) Appeal Against Sentence

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Parties

Pendakwa Raya

Prosecutor

Wong Mun Kin

Accused

Procedural Posture

Criminal / Sentencing; Appeal Filed

Legal Issues

  1. 1 Appropriateness of sentence given prior drug convictions and guilty plea
  2. 2 Lawfulness of corporal punishment (sebat) given accused's age over 50
  3. 3 Whether sentence should run from date of arrest or date of conviction/sentencing

Ratio Decidendi

Accused was convicted under Section 12(2) Dangerous Drugs Act 1952 and sentenced to two years imprisonment effective 25 February 2025; the three strokes of corporal punishment were void because accused was over 50 at sentencing and therefore set aside under section 316 CPC; exhibits ordered to be disposed by prosecution after expiry of appeal period.

Court Disposition

Accused convicted and sentenced to imprisonment; corporal punishment set aside; appeal filed.

Orders

  • Sentence: two years imprisonment from 25 February 2025
  • Corporal punishment of three strokes cancelled