[ ] MUHAMMAD ISKANDAR IZWAN BIN SHAMSUDIN

[ ] MUHAMMAD ISKANDAR IZWAN BIN SHAMSUDIN

Having considered the accused's guilty plea and mitigation, and weighing the substantial quantity and class of drugs and the public interest in deterrence, the court held that the imposed custodial terms and corporal punishment were within legal bounds and commensurate with the offences; the appeal against sentence was dismissed.

Citation
BL-45A-16-05/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused/appellant: Muhammad Iskandar Izwan bin Shamsudin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 August 2022
Case Number
BL-45A-16-05/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offences) / Sentence Appeal / Judgment on Sentence
Outcome
Appeal dismissed; convictions and sentences upheld.
Legal Topics
Possession of Controlled Substances, Drug Trafficking, Methamphetamine, Cannabis, Mitigation, Sentencing Principles
Source Language
Malay/English
Criminal Law Drug Law Sentencing Possession of Controlled Substances Drug Trafficking Methamphetamine Cannabis Mitigation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Public Prosecutor

Prosecution

Muhammad Iskandar Izwan bin Shamsudin

Accused/appellant

Procedural Posture

Criminal (drug Offences) / Sentence Appeal / Judgment on Sentence

Legal Issues

  1. 1 Appropriate sentence for possession/possession for purpose of trafficking of methamphetamine and possession of cannabis
  2. 2 Whether mitigation (guilty plea, chance of rehabilitation) justifies a lesser sentence
  3. 3 Balancing deterrence and rehabilitation in drug offences

Ratio Decidendi

Having considered the accused's guilty plea and mitigation, and weighing the substantial quantity and class of drugs and the public interest in deterrence, the court held that the imposed custodial terms and corporal punishment were within legal bounds and commensurate with the offences; the appeal against sentence was dismissed.

Court Disposition

Appeal dismissed; convictions and sentences upheld.

Orders

  • Convicted and sentenced to 10 years' imprisonment from date of arrest and 12 strokes for the offence under Section 6 of the Dangerous Drugs Act 1952.
  • Sentenced to 5 years' imprisonment from date of arrest for the other offence (as charged under the amended provision).