S.ROMANICAN A/L SELVARAJAH

S.ROMANICAN A/L SELVARAJAH

Court accepted the accused's guilty plea, found prosecution proved elements of Section 15(1)(a) and that Section 39C(1) applied because of two prior convictions; balancing mitigation for early plea against prior convictions and public interest, court imposed the minimum statutory term under Section 39C(1): five years' imprisonment, two strokes of whipping and two years' supervision, with sentence to commence on 16-6-2025 per its discretion under Section 292 since the accused's current sentence ended after that date.

Citation
BA-62D-60-04/2025 (Mahkamah Sesyen)
Parties
Prosecutor: Penda­­kwa Raya; Accused: S. Romanican A/L Selvarajah
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 June 2025
Case Number
BA-62D-60-04/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence / Sentencing (convicted; Notice of Appeal Filed)
Outcome
Convicted and sentenced
Legal Topics
Self Administration (section 15), Increased Penalty for Prior Convictions (section 39 C), Commencement of Sentence (section 292 Cpc), Guilty Plea Mitigation, Whipping and Supervision Orders
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Self Administration (section 15) Increased Penalty for Prior Convictions (section 39 C) Commencement of Sentence (section 292 Cpc) Guilty Plea Mitigation Whipping and Supervision Orders

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Parties

Penda­­kwa Raya

Prosecutor

S. Romanican A/L Selvarajah

Accused

Procedural Posture

Criminal Drug Offence / Sentencing (convicted; Notice of Appeal Filed)

Legal Issues

  1. 1 Whether the accused committed the offence under Section 15(1)(a) Dangerous Drugs Act 1952 by self‑administration of amphetamine and methamphetamine
  2. 2 Whether Section 39C(1) applies because the accused has two prior convictions under Section 15(1)(a)
  3. 3 Appropriate sentence within the increased penalty range and number of strokes of whipping

Ratio Decidendi

Court accepted the accused's guilty plea, found prosecution proved elements of Section 15(1)(a) and that Section 39C(1) applied because of two prior convictions; balancing mitigation for early plea against prior convictions and public interest, court imposed the minimum statutory term under Section 39C(1): five years' imprisonment, two strokes of whipping and two years' supervision, with sentence to commence on 16-6-2025 per its discretion under Section 292 since the accused's current sentence ended after that date.

Court Disposition

Convicted and sentenced

Orders

  • Convicted under Section 15(1)(a) Dangerous Drugs Act 1952 read with Section 39C(1) and Section 38B
  • Imprisonment for five (5) years commencing 16-6-2025