MOHD ALI BIN JAAFAR

MOHD ALI BIN JAAFAR

Court accepted that the accused's guilty pleas were voluntary and informed but prioritized public interest and deterrence given the substantial quantity of methamphetamine (153.18g) and additional heroin possession; having weighed mitigation (first offender status, health, family) against aggravating factors and...

Source-derived case information.

Citation
KA-45-17-05/2022 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Deputy Public Prosecutor: Tohirah binti Mohd Fauzi; Accused: Mohd Ali bin Jaafar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 August 2025
Case Number
KA-45-17-05/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act 1952 Offences / Conviction and Sentencing at High Court (appeal Lodged)
Outcome
Accused convicted on substituted charges and sentenced; original distribution charge withdrawn; accused has appealed to Court of Appeal.
Legal Topics
Dangerous Drugs, Possession, Plea Bargaining, Mitigation, Deterrence, Mandatory Whipping
Criminal Law Drug Law Sentencing Law Dangerous Drugs Possession Plea Bargaining Mitigation Deterrence +1 more

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Parties

Public Prosecutor

Prosecution

Tohirah binti Mohd Fauzi

Deputy Public Prosecutor

Mohd Ali bin Jaafar

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 Offences / Conviction and Sentencing at High Court (appeal Lodged)

Legal Issues

  1. 1 Whether the accused's guilty plea was voluntary and informed
  2. 2 Appropriate sentence for possession of large quantity of methamphetamine under s12(2)/s39A(2) DDA
  3. 3 Weight to give to mitigation (first offender, health, family) against public interest and deterrence

Ratio Decidendi

Court accepted that the accused's guilty pleas were voluntary and informed but prioritized public interest and deterrence given the substantial quantity of methamphetamine (153.18g) and additional heroin possession; having weighed mitigation (first offender status, health, family) against aggravating factors and statutory ranges, court sentenced the accused to 8 years imprisonment and 10 strokes for the substituted methamphetamine possession charge and 2 years imprisonment and 3 strokes for the heroin possession charge, to run concurrently; whipping may be withheld if medical confirmation shows unfitness.

Court Disposition

Accused convicted on substituted charges and sentenced; original distribution charge withdrawn; accused has appealed to Court of Appeal.

Orders

  • For KA-45A-36-05/2022 (substituted charge under s12(2) DDA punishable under s39A(2)): sentence of eight years imprisonment from date of arrest and 10 strokes.
  • For KA-45-17-05/2022 (s12(2) DDA punishable under s39A(1)): sentence of two years imprisonment from date of arrest and 3 strokes.