NOOR AZAM BIN MAT SAAD

NOOR AZAM BIN MAT SAAD

Given the statutory minimum for s.39C(1)(B) DDA and the seriousness of drug offences, but having weighed mitigation and the public interest, the court imposed the minimum five-year term with whipping and supervision; because the DDA offence was a distinct transaction from the existing s.412 PC conviction, the new sentence was ordered to commence upon conclusion of the current sentence.

Citation
BA-62D-59-04/2025 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Noor Azam bin Mat Saad
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 April 2025
Case Number
BA-62D-59-04/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Concurrent and Consecutive Sentences, Mitigation, Whipping, Supervision Order
Source Language
Malay/English
Criminal Law Drugs Law Procedure Sentencing Concurrent and Consecutive Sentences Mitigation Whipping Supervision Order

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 5 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Public Prosecutor

Prosecutor

Noor Azam bin Mat Saad

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the appropriate sentence for an offence under s.39C(1)(B) Dangerous Drugs Act 1952
  2. 2 Whether public interest requires a heavy/maximum sentence despite mitigation
  3. 3 Whether the sentence should run concurrently with or commence after an existing sentence (concurrent vs consecutive)

Ratio Decidendi

Given the statutory minimum for s.39C(1)(B) DDA and the seriousness of drug offences, but having weighed mitigation and the public interest, the court imposed the minimum five-year term with whipping and supervision; because the DDA offence was a distinct transaction from the existing s.412 PC conviction, the new sentence was ordered to commence upon conclusion of the current sentence.

Court Disposition

Convicted and sentenced

Orders

  • 5 years imprisonment under s.39C(1)(B) Dangerous Drugs Act 1952; term to commence upon conclusion of accused's current sentence under s.412 Penal Code
  • One stroke of whipping