PENDAKWARAYA ABDULLAH GHANI BIN SULONG

PENDAKWARAYA ABDULLAH GHANI BIN SULONG

The court accepted the accused's voluntary guilty plea but, given the proved presence of morphine and the accused's prior conviction under s39C(1), s39C(2) applied mandating an increased minimum sentence. Balancing mitigation (early plea, personal circumstances) against aggravation (repeat offending, public interest, deterrence), the appropriate lawful sentence is imprisonment for seven years, four strokes, with three years post‑release supervision under s38B.

Citation
BK-62D-30-08/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Abdullah Ghani Bin Sulong
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 October 2021
Case Number
BK-62D-30-08/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence / Sentencing and Judgment
Outcome
Accused convicted as charged and sentenced under s39C(2) Akta Dadah Berbahaya 1952
Legal Topics
Consumption/possession of Controlled Drug, Repeat Offender Increased Penalty, Guilty Plea Credit, Supervision Order Under S38 B
Source Language
Malay/English
Criminal Law Drugs Control Law Sentencing Law Consumption/possession of Controlled Drug Repeat Offender Increased Penalty Guilty Plea Credit Supervision Order Under S38 B

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Parties

Pendakwa Raya

Prosecution

Abdullah Ghani Bin Sulong

Defendant

Procedural Posture

Criminal Drug Offence / Sentencing and Judgment

Legal Issues

  1. 1 Whether the accused's guilty plea was valid and knowingly made
  2. 2 Whether s39C(2) Akta Dadah Berbahaya 1952 applies due to prior conviction
  3. 3 Appropriate sentence given mitigation and aggravating factors including public interest and deterrence

Ratio Decidendi

The court accepted the accused's voluntary guilty plea but, given the proved presence of morphine and the accused's prior conviction under s39C(1), s39C(2) applied mandating an increased minimum sentence. Balancing mitigation (early plea, personal circumstances) against aggravation (repeat offending, public interest, deterrence), the appropriate lawful sentence is imprisonment for seven years, four strokes, with three years post‑release supervision under s38B.

Court Disposition

Accused convicted as charged and sentenced under s39C(2) Akta Dadah Berbahaya 1952

Orders

  • Seven (7) years imprisonment commencing from date of arrest 2.2.2021
  • Four (4) strokes of the rotan