1. ) TUAN MOHD ASRI BIN ABDUL RAHMAN SIDIK 2. ) TUAN MOHD NABILALIF BIN MOHD ROSLI UMAPATHI A/L GANESAN

1. ) TUAN MOHD ASRI BIN ABDUL RAHMAN SIDIK 2. ) TUAN MOHD NABILALIF BIN MOHD ROSLI UMAPATHI A/L GANESAN

Court found the mitigating factors (first offender, young age at arrest, cooperation, not caught selling or manufacturing, no agent provocateur, acted alone) outweighed aggravating factors despite large quantity; exercising discretion under Act 846 the court imposed life imprisonment and 15 strokes of whipping under Section 39B(2); 'life imprisonment' is to be read as 30 years under s3 Criminal Justice Act; sentence to run concurrently from 25.9.2020.

Citation
MA-45A-05-12/2016 (Mahkamah Tinggi)
Parties
Prosecution: PUBLIC PROSECUTOR; Convicted Accused: UMAPATHI A/L GANESAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 August 2023
Case Number
MA-45A-05-12/2016 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing (post Conviction)
Outcome
Convicted; sentenced under First Conviction to life imprisonment and 15 strokes of whipping under Section 39B(1) read with 39B(2) DDA; sentence to run concurrently with other convictions from 25.9.2020.
Legal Topics
Trafficking, Possession, Sentencing Discretion, Abolition of Mandatory Death Penalty, Life Imprisonment Duration
Source Language
Malay/English
Criminal Law Drug Law Sentencing Law Poisons Law Trafficking Possession Sentencing Discretion Abolition of Mandatory Death Penalty +1 more

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Parties

PUBLIC PROSECUTOR

Prosecution

UMAPATHI A/L GANESAN

Convicted Accused

Procedural Posture

Criminal / Sentencing (post Conviction)

Legal Issues

  1. 1 Whether death sentence or life imprisonment appropriate under Section 39B(2) after Act 846
  2. 2 Whether mitigating factors outweigh aggravating factors in sentencing for trafficking
  3. 3 Proper meaning and term of life imprisonment for Section 39B(2)

Ratio Decidendi

Court found the mitigating factors (first offender, young age at arrest, cooperation, not caught selling or manufacturing, no agent provocateur, acted alone) outweighed aggravating factors despite large quantity; exercising discretion under Act 846 the court imposed life imprisonment and 15 strokes of whipping under Section 39B(2); 'life imprisonment' is to be read as 30 years under s3 Criminal Justice Act; sentence to run concurrently from 25.9.2020.

Court Disposition

Convicted; sentenced under First Conviction to life imprisonment and 15 strokes of whipping under Section 39B(1) read with 39B(2) DDA; sentence to run concurrently with other convictions from 25.9.2020.

Orders

  • Life imprisonment and 15 strokes of whipping under Section 39B(1) read with Section 39B(2) Dangerous Drugs Act 1952; term of life imprisonment treated as 30 years under Criminal Justice Act s3
  • Imprisonment under First Conviction to run concurrently with sentences on Second, Third and Fourth Convictions from 25.9.2020