HADI BIN ISMAIL

HADI BIN ISMAIL

Considering the admitted facts, positive toxicology for amphetamine/methamphetamine, early guilty plea, defendant's background and significant prior convictions proved by warrant, the court exercised sentencing discretion to impose a fine of RM2700, failing which 10 months imprisonment, and a three-year supervision...

Source-derived case information.

Citation
TF-83D-226-03/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Hadi bin Ismail
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 March 2022
Case Number
TF-83D-226-03/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Appeal Against Sentence
Outcome
Sentence imposed by court: fine RM2700; failing payment, 10 months imprisonment; three years AADK supervision
Legal Topics
Consumption of Controlled Drugs, Sentencing Principles, Previous Convictions Proof (s400 Cpc), Supervision Order Under S38 B ADB
Criminal Law Narcotics/drugs Law Consumption of Controlled Drugs Sentencing Principles Previous Convictions Proof (s400 Cpc) Supervision Order Under S38 B ADB

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Hadi bin Ismail

Defendant

Procedural Posture

Criminal Drug Offence / Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentence for consumption of amphetamine/methamphetamine under s15(1)(a) ADB 1952
  2. 2 Credit for early guilty plea as mitigation
  3. 3 Weight of previous convictions and habitual offender status

Ratio Decidendi

Considering the admitted facts, positive toxicology for amphetamine/methamphetamine, early guilty plea, defendant's background and significant prior convictions proved by warrant, the court exercised sentencing discretion to impose a fine of RM2700, failing which 10 months imprisonment, and a three-year supervision order under AADK (s38B), concluding heavier sentence appropriate due to habitual offending and public interest.

Court Disposition

Sentence imposed by court: fine RM2700; failing payment, 10 months imprisonment; three years AADK supervision

Orders

  • Fine of RM2700
  • If fine not paid, imprisonment for 10 months