KHIDZIR BIN MUSTAFA

KHIDZIR BIN MUSTAFA

Court accepted the guilty plea, found accused guilty under s15(1)(a) DDA 1952 and imposed sentence pursuant to s39C(1)(b) DDA 1952 of imprisonment totalling 6 years 4 months from date of arrest; no whipping was ordered because accused fell within the age exemption under s289 KTJ; the guilty plea did not attract a substantial discount due to two prior convictions and the need for deterrence.

Citation
BF-62D-45-10/2023 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Khidzir bin Mustafa
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 October 2023
Case Number
BF-62D-45-10/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal (dangerous Drugs Act 1952) / Sentencing Following Guilty Plea (appeal Notice Filed)
Outcome
Convicted and sentenced
Legal Topics
Guilty Plea Mitigation, Previous Convictions Effect on Sentence, Mandatory Sentencing Under S39 C DDA 1952, Whipping Exemption Under S289 Cr Pc/ktj, Public Interest Deterrence
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Guilty Plea Mitigation Previous Convictions Effect on Sentence Mandatory Sentencing Under S39 C DDA 1952 Whipping Exemption Under S289 Cr Pc/ktj Public Interest Deterrence

Case Brief

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Parties

Pendakwa Raya

Prosecution

Khidzir bin Mustafa

Accused

Procedural Posture

Criminal (dangerous Drugs Act 1952) / Sentencing Following Guilty Plea (appeal Notice Filed)

Legal Issues

  1. 1 Whether conviction under s15(1)(a) DDA 1952 and sentencing under s39C(1)(b) was proper given two prior convictions
  2. 2 Whether and to what extent a discount for a guilty plea should be granted
  3. 3 Whether whipping should be ordered given statutory age exemption under s289 Kanun Tatacara Jenayah

Ratio Decidendi

Court accepted the guilty plea, found accused guilty under s15(1)(a) DDA 1952 and imposed sentence pursuant to s39C(1)(b) DDA 1952 of imprisonment totalling 6 years 4 months from date of arrest; no whipping was ordered because accused fell within the age exemption under s289 KTJ; the guilty plea did not attract a substantial discount due to two prior convictions and the need for deterrence.

Court Disposition

Convicted and sentenced

Orders

  • Conviction recorded under s15(1)(a) Dangerous Drugs Act 1952 and sentence imposed under s39C(1)(b) Dangerous Drugs Act 1952: imprisonment for 6 years 4 months from date of arrest.
  • No whipping ordered pursuant to s289 Kanun Tatacara Jenayah (age exemption).