A.WAHID BIN YACOB

A.WAHID BIN YACOB

Accused pleaded guilty to possession of 3 pills of methamphetamine (0.25g); having accepted the plea and considered mitigation, aggravation, rampancy of drug offences and public interest, the court exercised discretion to impose a custodial sentence of 12 months to serve as deterrence; plea of guilt did not merit a non-custodial or markedly reduced sentence.

Citation
DJ-83D-854-06/2023 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya (Deputy Public Prosecutor); Accused: A. Wahid bin Yacob
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
8 August 2023
Case Number
DJ-83D-854-06/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act 1952 (section 12(2)) / Sentencing/judgment
Outcome
Accused found guilty and sentenced to 12 months imprisonment effective from first mention date.
Legal Topics
Principle of Sentencing, Dangerous Drugs Act 1952 S12(2), Plea of Guilty, Mitigating and Aggravating Factors, Public Interest, Deterrence
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Principle of Sentencing Dangerous Drugs Act 1952 S12(2) Plea of Guilty Mitigating and Aggravating Factors Public Interest +1 more

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Parties

Pendakwa Raya (Deputy Public Prosecutor)

Prosecutor

A. Wahid bin Yacob

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 (section 12(2)) / Sentencing/judgment

Legal Issues

  1. 1 Whether accused was guilty of possession of methamphetamine contrary to s12(2) Dangerous Drugs Act 1952
  2. 2 Appropriate sentence having regard to gravity, rampancy, deterrence and mitigation
  3. 3 Whether plea of guilt entitles accused to a reduced sentence

Ratio Decidendi

Accused pleaded guilty to possession of 3 pills of methamphetamine (0.25g); having accepted the plea and considered mitigation, aggravation, rampancy of drug offences and public interest, the court exercised discretion to impose a custodial sentence of 12 months to serve as deterrence; plea of guilt did not merit a non-custodial or markedly reduced sentence.

Court Disposition

Accused found guilty and sentenced to 12 months imprisonment effective from first mention date.

Orders

  • Accused convicted under Section 12(2) Dangerous Drugs Act 1952.
  • Sentence: 12 months imprisonment effective from date of first mention.