PENDAKWARAYA PENDAKWARAYA GOH SOON TECK

PENDAKWARAYA PENDAKWARAYA GOH SOON TECK

Accused admitted guilt and forensic evidence confirmed ingestion of amphetamine and methamphetamine; accused had three prior s.15(1)(a) convictions which triggered mandatory increased sentencing under s.39C(1) ADB 1952; court therefore had no discretion to impose less than the statutory minimum of five years...

Source-derived case information.

Citation
BK – 620 – 08 – 05 - 2020 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: Goh Soon Teck
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 March 2021
Case Number
BK – 620 – 08 – 05 - 2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Dangerous Drugs (adb 1952) / Conviction and Sentencing
Outcome
Convicted under s.15(1)(a) ADB 1952 and sentenced under s.39C(1) ADB 1952
Legal Topics
Use/possession of Controlled Drugs, Repeat Offender Provisions, Mandatory Sentencing, Whipping, Supervision Order
Criminal Law Drug Law Sentencing Use/possession of Controlled Drugs Repeat Offender Provisions Mandatory Sentencing Whipping Supervision Order

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Parties

PENDAKWA RAYA

Prosecutor

Goh Soon Teck

Defendant

Procedural Posture

Criminal Dangerous Drugs (adb 1952) / Conviction and Sentencing

  1. 1 Whether accused guilty under s.15(1)(a) ADB 1952 based on urine test and laboratory analysis
  2. 2 Whether s.39C(1) ADB 1952 mandatory sentencing for repeat offenders applies
  3. 3 Appropriate quantum of sentence within statutory 5-7 years and whipping up to three strokes

Ratio Decidendi

Accused admitted guilt and forensic evidence confirmed ingestion of amphetamine and methamphetamine; accused had three prior s.15(1)(a) convictions which triggered mandatory increased sentencing under s.39C(1) ADB 1952; court therefore had no discretion to impose less than the statutory minimum of five years imprisonment and whipping up to three strokes, allowed mitigation for early guilty plea but limited by prior convictions and public interest, and imposed a supervision order under s.38B ADB 1952 for three years.

Court Disposition

Convicted under s.15(1)(a) ADB 1952 and sentenced under s.39C(1) ADB 1952

Orders

  • Imprisonment for five years commencing from date of arrest 21.5.2020
  • Two (2) strokes of the rotan (whipping)