AZMAN BIN KAMARUDDIN

AZMAN BIN KAMARUDDIN

Section 39C(1) of the Dangerous Drugs Act 1952 is mandatory where its antecedent conditions are met; the court lacked discretion to impose less than five years' imprisonment. Given the appellant's repeated convictions and ongoing drug involvement, the appropriate sentence under the statute is five years' imprisonment, one stroke of whipping and a two-year supervision order to commence after completion of the sentence; the sentence was ordered to take effect from 11/3/2026.

Citation
DA-62D-60-03/2026 (Mahkamah Sesyen)
Parties
Perayu: Azman bin Kamaruddin; Responden: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 March 2026
Case Number
DA-62D-60-03/2026 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence / Sentencing / Judgment
Outcome
Conviction recorded; sentence imposed
Legal Topics
Self Administration (section 15), Mandatory Minimum Sentence (section 39 C), Supervision Order (section 38 B), Prior Convictions and Habitual Offending
Source Language
Malay/English
Criminal Law Drug Law Sentencing Self Administration (section 15) Mandatory Minimum Sentence (section 39 C) Supervision Order (section 38 B) Prior Convictions and Habitual Offending

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Parties

Azman bin Kamaruddin

Perayu

Pendakwa Raya

Responden

Procedural Posture

Criminal Drug Offence / Sentencing / Judgment

Legal Issues

  1. 1 Whether section 39C(1) of the Dangerous Drugs Act 1952 mandates a minimum sentence of five years and removes judicial discretion to impose a lesser term
  2. 2 Whether the offender's guilty plea and mitigation warrant departure from the statutory minimum
  3. 3 Commencement date of the sentence where offender is serving another sentence

Ratio Decidendi

Section 39C(1) of the Dangerous Drugs Act 1952 is mandatory where its antecedent conditions are met; the court lacked discretion to impose less than five years' imprisonment. Given the appellant's repeated convictions and ongoing drug involvement, the appropriate sentence under the statute is five years' imprisonment, one stroke of whipping and a two-year supervision order to commence after completion of the sentence; the sentence was ordered to take effect from 11/3/2026.

Court Disposition

Conviction recorded; sentence imposed

Orders

  • Imprisonment for 5 years effective 11/3/2026
  • One stroke of whipping