[ ] 1. ) SAIDI BIN MUHAMMAD 2. ) SITI YUSRIDA BINTI IBRAHIM

[ ] 1. ) SAIDI BIN MUHAMMAD 2. ) SITI YUSRIDA BINTI IBRAHIM

Court exercised post‑abolition discretion and, after balancing mitigating factors (early guilty plea, age) and aggravating factors (quantity indicating distribution, public interest), held death penalty not justified and imposed life imprisonment equated to 30 years for first count and 5 years for second count commencing from date of arrest.

Citation
DA-45A-26-06/2024 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Saidi bin Muhammad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 October 2024
Case Number
DA-45A-26-06/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment and Sentencing (high Court)
Outcome
Accused convicted on both charges; sentences imposed by High Court after plea and consideration of mitigation and aggravation.
Legal Topics
Trafficking, Possession, Mandatory Death Penalty Abolition, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Trafficking Possession Mandatory Death Penalty Abolition Mitigation and Aggravation

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Parties

Pendakwa Raya

Prosecutor

Saidi bin Muhammad

Accused

Procedural Posture

Criminal / Judgment and Sentencing (high Court)

Legal Issues

  1. 1 Whether death penalty is warranted after abolition of mandatory death penalty for s39B(1)(a) ADB
  2. 2 Appropriate sentence for possession/trafficking of 1049g cannabis
  3. 3 Effect of early guilty plea and voluntariness of plea

Ratio Decidendi

Court exercised post‑abolition discretion and, after balancing mitigating factors (early guilty plea, age) and aggravating factors (quantity indicating distribution, public interest), held death penalty not justified and imposed life imprisonment equated to 30 years for first count and 5 years for second count commencing from date of arrest.

Court Disposition

Accused convicted on both charges; sentences imposed by High Court after plea and consideration of mitigation and aggravation.

Orders

  • First charge (s39B(1)(a) ADB read with s34 KK): Life imprisonment amounting to 30 years imprisonment commencing from date of arrest.
  • Second charge (s12(2) ADB read with s34 KK): 5 years imprisonment commencing from date of arrest.