PENDAKWARAYA KHAIRUL AMRI BIN ULUL AZMI

PENDAKWARAYA KHAIRUL AMRI BIN ULUL AZMI

The one transaction rule did not apply because the offences were committed at different times and places and did not form a single transaction; consequently the court properly exercised its discretion to order the sentence to run consecutively and imposed the statutory minimum sentence appropriate to the offence and the offender's history.

Citation
AA-62D-90-06/2020 (Mahkamah Sesyen)
Parties
Accused: Khairul Amri bin Ulul Azmi; Prosecution: Public Prosecutor
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
9 June 2020
Case Number
AA-62D-90-06/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence / Sentencing Judgment (appeal Against Concurrency of Sentences)
Outcome
Accused convicted and sentenced; sentence ordered to run consecutive to earlier sentence.
Legal Topics
Section 39 C Dangerous Drugs Act 1952, One Transaction Rule, Totality Principle, Consecutive Sentences, Repeat Offender
Source Language
Malay/English
Criminal Law Drug Law Sentencing Section 39 C Dangerous Drugs Act 1952 One Transaction Rule Totality Principle Consecutive Sentences Repeat Offender

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 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Khairul Amri bin Ulul Azmi

Accused

Public Prosecutor

Prosecution

Procedural Posture

Criminal Drug Offence / Sentencing Judgment (appeal Against Concurrency of Sentences)

Legal Issues

  1. 1 Whether sentences should run concurrently or consecutively
  2. 2 Whether the one transaction rule applies
  3. 3 Whether the totality principle (crushing effect) applies

Ratio Decidendi

The one transaction rule did not apply because the offences were committed at different times and places and did not form a single transaction; consequently the court properly exercised its discretion to order the sentence to run consecutively and imposed the statutory minimum sentence appropriate to the offence and the offender's history.

Court Disposition

Accused convicted and sentenced; sentence ordered to run consecutive to earlier sentence.

Orders

  • Sentence of 5 years imprisonment to commence from date of completion of imprisonment in AA-62-33-04/2019
  • Two strokes of the rotan (caning)