[Jabatan Peguam Negara] MOHD ISMAIL BIN ABD RAHMAN

[Jabatan Peguam Negara] MOHD ISMAIL BIN ABD RAHMAN

Given the quantities seized exceeding statutory thresholds, attendant indicia of distribution (empty packets, digital scale), the accused's prior drug conviction, and the need to protect public interest and deter drug offences, the court found that the mitigating effect of the guilty plea did not justify a substantial reduction; sentence within statutory limits was imposed: 12 years imprisonment and 10 strokes under s.39A(2) and 3 years imprisonment and 3 strokes under s.39A(1), to run concurrently from arrest date 19.6.2020.

Citation
AB-45A-8-12/2021 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Accused: Mohd Ismail bin Abd Rahman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 November 2024
Case Number
AB-45A-8-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal (dangerous Drugs Act) / Sentencing (convicted; Notice of Appeal Filed)
Outcome
Accused convicted on alternative charge under s.39A(2) and on s.39A(1); sentenced.
Legal Topics
Sentencing, Possession, Trafficking, Guilty Plea
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Possession Trafficking Guilty Plea

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Parties

PENDAKWA RAYA

Prosecutor

Mohd Ismail bin Abd Rahman

Accused

Procedural Posture

Criminal (dangerous Drugs Act) / Sentencing (convicted; Notice of Appeal Filed)

Legal Issues

  1. 1 Appropriate sentence for possession/ trafficking under Dangerous Drugs Act ss.39A(2) and 39A(1) given quantities seized
  2. 2 Whether guilty plea warrants discount in sentencing
  3. 3 Weight to be given to prior conviction when assessing sentence

Ratio Decidendi

Given the quantities seized exceeding statutory thresholds, attendant indicia of distribution (empty packets, digital scale), the accused's prior drug conviction, and the need to protect public interest and deter drug offences, the court found that the mitigating effect of the guilty plea did not justify a substantial reduction; sentence within statutory limits was imposed: 12 years imprisonment and 10 strokes under s.39A(2) and 3 years imprisonment and 3 strokes under s.39A(1), to run concurrently from arrest date 19.6.2020.

Court Disposition

Accused convicted on alternative charge under s.39A(2) and on s.39A(1); sentenced.

Orders

  • Convicted on alternative charge under section 39A(2) of the Dangerous Drugs Act 1952 (Act 324) for possession of 23.1 grams (10.9 g heroin and 12.2 g monoacetylmorphines).
  • Sentenced to 12 years imprisonment and 10 strokes of the rotan for the s.39A(2) offence, imprisonment to run from 19.6.2020.