[Timbalan (TPR), Jabatan Peguam Negara] 1. ) Muhammad Fazrin Bin Kamarolzaman 2. ) Mohamad Syafiq Bin Dzulkarnain

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) Muhammad Fazrin Bin Kamarolzaman 2. ) Mohamad Syafiq Bin Dzulkarnain

Court accepted prosecution's lawful introduction of an alternative charge and convicted Accused 1 on the alternative charge under the Dangerous Drugs Act 1952; having weighed mitigation (guilty plea, first offender, age) against public interest and drug quantity/type, court sentenced Accused 1 to 12 years' imprisonment from date of arrest and 10 strokes, to run concurrently with related cases; prosecution informed court it would not proceed against Accused 2 and, exercising the court's discretion under s254(3) KPJ and relevant authority, the court directed discharge amounting to acquittal (A&D) for Accused 2.

Citation
CB-45A-9-03/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused 1: Muhammad Fazrin bin Kamarolzaman; Accused 2: Mohamad Syafiq bin Dzulkarnaian
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 February 2024
Case Number
CB-45A-9-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal (narcotics) / Trial — Sentencing and Discontinuance of Prosecution
Outcome
Accused 1 convicted on alternative charge; sentenced to 12 years' imprisonment and 10 strokes, concurrent with related cases. Accused 2 discharged and acquitted (A&D) pursuant to s254(3) KPJ.
Legal Topics
Alternative Charges (section 166 Kpj), Amendment of Charges (section 158 Kpj), Prosecutorial Discretion (section 376 Kpj; Article 145(3)), Discharge Vs Acquittal (section 254(3) Kpj), Withdrawal of Remaining Charges (section 171 Kpj), Sentencing Principles for Drug Offences
Source Language
Malay/English
Criminal Law Procedural Law Narcotics Law Alternative Charges (section 166 Kpj) Amendment of Charges (section 158 Kpj) Prosecutorial Discretion (section 376 Kpj; Article 145(3)) Discharge Vs Acquittal (section 254(3) Kpj) Withdrawal of Remaining Charges (section 171 Kpj) +1 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Fazrin bin Kamarolzaman

Accused 1

Mohamad Syafiq bin Dzulkarnaian

Accused 2

Procedural Posture

Criminal (narcotics) / Trial — Sentencing and Discontinuance of Prosecution

Legal Issues

  1. 1 Whether an alternative charge under section 166 KPJ may be validly introduced during trial and its relation to section 158 KPJ
  2. 2 Scope of court's power to amend or add charges under sections 158 and 173(h) KPJ
  3. 3 Extent of prosecutorial discretion to prefer, amend or discontinue charges under section 376 KPJ and Article 145(3) Federal Constitution

Ratio Decidendi

Court accepted prosecution's lawful introduction of an alternative charge and convicted Accused 1 on the alternative charge under the Dangerous Drugs Act 1952; having weighed mitigation (guilty plea, first offender, age) against public interest and drug quantity/type, court sentenced Accused 1 to 12 years' imprisonment from date of arrest and 10 strokes, to run concurrently with related cases; prosecution informed court it would not proceed against Accused 2 and, exercising the court's discretion under s254(3) KPJ and relevant authority, the court directed discharge amounting to acquittal (A&D) for Accused 2.

Court Disposition

Accused 1 convicted on alternative charge; sentenced to 12 years' imprisonment and 10 strokes, concurrent with related cases. Accused 2 discharged and acquitted (A&D) pursuant to s254(3) KPJ.

Orders

  • Accused 1: sentenced to 12 years' imprisonment from date of arrest 02.11.2021 and 10 strokes; sentences to run concurrently with cases CB-45-5-03/2022, CB-45-6-03/2022 and CB-45-13-08/2022.
  • Accused 2: prosecution discontinued and accused discharged amounting to an acquittal (A&D) under section 254(3) KPJ.