PENDAKWARAYA JA'AFAR BIN MALEK

PENDAKWARAYA JA'AFAR BIN MALEK

Accused's unqualified guilty plea was accepted and given mitigation but outweighed by multiple prior narcotics convictions and public interest in deterrence; therefore a custodial sentence of 14 months imprisonment (to run consecutively after existing sentences) plus three years supervision under s38B ADB 1952 was...

Source-derived case information.

Citation
NE-83D-282-04/2021 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Ja'afar bin Malek
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 April 2021
Case Number
NE-83D-282-04/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Sentencing and Judgment
Outcome
Accused convicted; sentenced to 14 months imprisonment to run after completion of current sentences and to be subject to three years supervision under section 38B Dangerous Drugs Act 1952.
Legal Topics
Use of Dangerous Drugs, Guilty Plea and Its Effects, Sentence Concurrency Vs Consecutiveness, Supervision Order Under Section 38 B, Repeat Offender
Criminal Law Narcotics Law Sentencing Use of Dangerous Drugs Guilty Plea and Its Effects Sentence Concurrency Vs Consecutiveness Supervision Order Under Section 38 B Repeat Offender

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Summary, issues, holding and outcome

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Parties

Public Prosecutor

Prosecutor

Ja'afar bin Malek

Accused

Procedural Posture

Criminal Drug Offence / Sentencing and Judgment

Legal Issues

  1. 1 Validity and consequences of guilty plea
  2. 2 Whether prosecution must adduce evidence after plea
  3. 3 Appropriate discount for guilty plea

Ratio Decidendi

Accused's unqualified guilty plea was accepted and given mitigation but outweighed by multiple prior narcotics convictions and public interest in deterrence; therefore a custodial sentence of 14 months imprisonment (to run consecutively after existing sentences) plus three years supervision under s38B ADB 1952 was appropriate and lawful under CPC ss 282 and 292 and sentencing principles.

Court Disposition

Accused convicted; sentenced to 14 months imprisonment to run after completion of current sentences and to be subject to three years supervision under section 38B Dangerous Drugs Act 1952.

Orders

  • Accused Ja'afar bin Malek convicted under Section 15(1)(a) Dangerous Drugs Act 1952.
  • Sentence: 14 months imprisonment, to commence after completion of sentences in NE-83D-1053-11/2019 and NB-62D-10-01/2020.