ABA ZARIN BIN ABU BAKAR

ABA ZARIN BIN ABU BAKAR

The Court found no error in principle by the trial and high courts: they considered public interest, mitigation (including guilty plea), and relevant sentencing trends and authorities; given the 39.02g net weight of methamphetamine and comparative sentences in reported cases, the 9-year imprisonment was not excessive and therefore the appeal is dismissed and the sentence affirmed.

Citation
T-09(H)-52-02/2023 (Mahkamah Rayuan)
Parties
Appellant: Aba Zarin bin Abu Bakar; Respondent: Public Prosecutor
Court
H
Jurisdiction
Malaysia
Judgment Date
19 January 2024
Case Number
T-09(H)-52-02/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Decision on Appeal by Court of Appeal
Outcome
Appeal dismissed; sentence of lower courts upheld.
Legal Topics
Possession of Controlled Drugs, Methamphetamine, Sentencing Mitigation, Appeal Against Sentence, Sentencing Trends
Source Language
Malay/English
Criminal Law Narcotics/drug Law Sentencing Law Possession of Controlled Drugs Methamphetamine Sentencing Mitigation Appeal Against Sentence Sentencing Trends

Case Brief

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Parties

Aba Zarin bin Abu Bakar

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Decision on Appeal by Court of Appeal

Legal Issues

  1. 1 Whether the sentence of 9 years imprisonment was manifestly excessive or inadequate
  2. 2 Whether the trial and high courts failed to consider mitigation and guilty plea in sentencing
  3. 3 Whether appellate court should interfere with sentence given established principles and sentencing trends for methamphetamine offences

Ratio Decidendi

The Court found no error in principle by the trial and high courts: they considered public interest, mitigation (including guilty plea), and relevant sentencing trends and authorities; given the 39.02g net weight of methamphetamine and comparative sentences in reported cases, the 9-year imprisonment was not excessive and therefore the appeal is dismissed and the sentence affirmed.

Court Disposition

Appeal dismissed; sentence of lower courts upheld.

Orders

  • Appeal dismissed.
  • Sentence of nine years' imprisonment from date of arrest (3/5/2021) affirmed.