MADHEVAN A/L V SUBRAMANIAM

MADHEVAN A/L V SUBRAMANIAM

The court applied the statutory mandatory minimum under s39C(1) and held that, although the guilty plea is a mitigating factor, it does not justify a sentence below the statutory minimum; therefore a five-year imprisonment term (the statutory minimum) was imposed effective from the date of arrest, a two-year supervision order under s15(1)(a)/s38B was imposed, whipping was not ordered due to the accused's age, and a bond under s294 CPC was refused as inappropriate absent special circumstances and because incarceration is necessary for rehabilitation.

Citation
PA-62D-90-02/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Madhevan a/l V Subramaniam
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 April 2022
Case Number
PA-62D-90-02/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence / Sentencing on Conviction (appeal Against Sentence Considered)
Outcome
Accused convicted and sentenced in accordance with statutory minimums.
Legal Topics
Possession of Controlled Drugs, Mandatory Minimum Sentence, Supervision Order, Corporal Punishment, Prior Convictions, Good Behaviour Bond
Source Language
Malay/English
Criminal Law Drugs/narcotics Sentencing Possession of Controlled Drugs Mandatory Minimum Sentence Supervision Order Corporal Punishment Prior Convictions +1 more

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Parties

Pendakwa Raya

Prosecutor

Madhevan a/l V Subramaniam

Accused

Procedural Posture

Criminal Drug Offence / Sentencing on Conviction (appeal Against Sentence Considered)

Legal Issues

  1. 1 Whether mandatory minimum sentence under Section 39C(1) Dangerous Drugs Act applies
  2. 2 Whether sentence should be backdated to date of arrest
  3. 3 Appropriateness and duration of supervision order under Section 15(1)(a) read with Section 38B

Ratio Decidendi

The court applied the statutory mandatory minimum under s39C(1) and held that, although the guilty plea is a mitigating factor, it does not justify a sentence below the statutory minimum; therefore a five-year imprisonment term (the statutory minimum) was imposed effective from the date of arrest, a two-year supervision order under s15(1)(a)/s38B was imposed, whipping was not ordered due to the accused's age, and a bond under s294 CPC was refused as inappropriate absent special circumstances and because incarceration is necessary for rehabilitation.

Court Disposition

Accused convicted and sentenced in accordance with statutory minimums.

Orders

  • Imprisonment for 5 years commencing 19 October 2021.
  • Police supervision order for 2 years to commence after completion of imprisonment.