[Timbalan (TPR), Jabatan Peguam Negara] MOHAMMAD SALAM

[Timbalan (TPR), Jabatan Peguam Negara] MOHAMMAD SALAM

Given the admitted facts, evidence and sentencing principles, the Court convicted on the charges and imposed 30 years imprisonment and 10 strokes for possession of 280.9g cannabis (alternative charge under s6/39A(2)), 6 years imprisonment and 10 strokes for possession of 77.17g cannabis (s6/39A(2)), and 6 months imprisonment for possession of 1.12g methamphetamine (s12(2)/12(3)); sentences commence from date of arrest and concurrent running was rejected based on the factual circumstances and seriousness of offences.

Citation
WA-45A-56-07/2024 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya (Public Prosecutor); Accused: Mohammad Salam (Passport No: EL0383835)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 November 2025
Case Number
WA-45A-56-07/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted on plea of guilt and sentenced
Legal Topics
Possession of Dangerous Drugs, Trafficking, Whipping, Concurrent Vs Consecutive Sentences, Plea of Guilty
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Possession of Dangerous Drugs Trafficking Whipping Concurrent Vs Consecutive Sentences Plea of Guilty

Case Brief

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Parties

Pendakwa Raya (Public Prosecutor)

Prosecution

Mohammad Salam (Passport No: EL0383835)

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether possession constituted trafficking or simple possession
  2. 2 Whether sentences should run concurrently or consecutively
  3. 3 Whether guilty plea entitled accused to a sentencing discount

Ratio Decidendi

Given the admitted facts, evidence and sentencing principles, the Court convicted on the charges and imposed 30 years imprisonment and 10 strokes for possession of 280.9g cannabis (alternative charge under s6/39A(2)), 6 years imprisonment and 10 strokes for possession of 77.17g cannabis (s6/39A(2)), and 6 months imprisonment for possession of 1.12g methamphetamine (s12(2)/12(3)); sentences commence from date of arrest and concurrent running was rejected based on the factual circumstances and seriousness of offences.

Court Disposition

Accused convicted on plea of guilt and sentenced

Orders

  • Alternative charge WA-45A-56-07/2024 s6/39A(2): 30 years imprisonment from date of arrest 1.11.2023 and 10 strokes of whipping
  • Second charge WA-45A-56-07/2024 s6/39A(2): 6 years imprisonment from date of arrest 1.11.2023 and 10 strokes of whipping