CINNARAJ A/L SREEDARAN

CINNARAJ A/L SREEDARAN

The court held that section 294 CPC applies to the offence under section 39A(1) DDA because the offence is non‑serious (maximum five years) and, on the facts — early guilty plea, first offender, demonstrable remorse and rehabilitative prospects — a good behaviour bond is an appropriate alternative to immediate imprisonment; accordingly the accused was convicted, bound over under s294 CPC for 3 years with RM5,000 bond and one surety for the s39A(1) count and fined RM1,500 (default 3 months imprisonment) with 2 years supervision for the s15(1) count.

Citation
MC-83D-653-05/2023 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Cinnaraj A/L Sreedaran
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 March 2024
Case Number
MC-83D-653-05/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act Offences / Conviction and Sentencing (post Plea)
Outcome
Guilty plea accepted; accused convicted and sentenced
Legal Topics
Section 39 A(1) DDA, Section 15(1) DDA, Section 294 CPC, Good Behaviour Bond, Fines, Mitigation and Rehabilitation
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Criminal Procedure Section 39 A(1) DDA Section 15(1) DDA Section 294 CPC Good Behaviour Bond +2 more

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Parties

Public Prosecutor

Prosecution

Cinnaraj A/L Sreedaran

Accused

Procedural Posture

Criminal Dangerous Drugs Act Offences / Conviction and Sentencing (post Plea)

Legal Issues

  1. 1 Whether section 294 CPC permits a good behaviour bond for an offender convicted under section 39A(1) DDA
  2. 2 Appropriate sentence for possession and self‑administration of methamphetamine (s15(1) and s39A(1) DDA) given quantity of drugs
  3. 3 Whether the offence qualifies as non‑serious under Penal Code s52A/52B and thus attracts s294 CPC discretion

Ratio Decidendi

The court held that section 294 CPC applies to the offence under section 39A(1) DDA because the offence is non‑serious (maximum five years) and, on the facts — early guilty plea, first offender, demonstrable remorse and rehabilitative prospects — a good behaviour bond is an appropriate alternative to immediate imprisonment; accordingly the accused was convicted, bound over under s294 CPC for 3 years with RM5,000 bond and one surety for the s39A(1) count and fined RM1,500 (default 3 months imprisonment) with 2 years supervision for the s15(1) count.

Court Disposition

Guilty plea accepted; accused convicted and sentenced

Orders

  • Good behaviour bond under section 294 CPC for 3 years subject to a bond of RM5,000 with one surety (Case MC-83D-653-05/2023)
  • Fine of RM1,500 for offence under section 15(1) DDA, default 3 months imprisonment, and 2 years supervision order (Case MC-83D-654-05/2023)