1. ) AHMAD SHUKAIRY BIN MOHD NAIN 2. ) HABLI BIN SALLEH

1. ) AHMAD SHUKAIRY BIN MOHD NAIN 2. ) HABLI BIN SALLEH

Balancing public interest and mitigating factors, the court held that a sentence of six years' imprisonment and ten strokes for each accused was appropriate for possession of 57.14g methamphetamine under s12(2) DDA read with s39A(2); guilty pleas and lack of prior record warranted some mitigation but did not outweigh public interest and deterrence.

Citation
DA-45A-46-09/2022 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Ahmad Shukairy bin Mohd Nain; Accused: Habli bin Salleh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 August 2023
Case Number
DA-45A-46-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Sentencing; Prosecution Appeal Against Sentence
Outcome
Both accused convicted on substituted charge under section 12(2) Dangerous Drugs Act 1952 read with section 39A(2) and sentenced to six years' imprisonment and ten strokes each; prosecution lodged appeal against sentence.
Legal Topics
Sentencing, Mitigation, Public Interest, Deterrence, Possession of Controlled Drugs
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Mitigation Public Interest Deterrence Possession of Controlled Drugs

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Ahmad Shukairy bin Mohd Nain

Accused

Habli bin Salleh

Accused

Procedural Posture

Criminal Drug Offence / Sentencing; Prosecution Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentence for possession of 57.14g methamphetamine under s12(2) DDA read with s39A(2)
  2. 2 Proper balancing of public interest and mitigating factors (age, family, guilty plea)
  3. 3 Weight to be given to guilty plea and absence of prior record

Ratio Decidendi

Balancing public interest and mitigating factors, the court held that a sentence of six years' imprisonment and ten strokes for each accused was appropriate for possession of 57.14g methamphetamine under s12(2) DDA read with s39A(2); guilty pleas and lack of prior record warranted some mitigation but did not outweigh public interest and deterrence.

Court Disposition

Both accused convicted on substituted charge under section 12(2) Dangerous Drugs Act 1952 read with section 39A(2) and sentenced to six years' imprisonment and ten strokes each; prosecution lodged appeal against sentence.

Orders

  • Each accused sentenced to 6 years imprisonment from date of arrest and 10 strokes.
  • Conviction entered on substituted charge under section 12(2) DDA read with section 39A(2).