HADI BIN ISMAIL

HADI BIN ISMAIL

Court accepted guilty plea and mitigation but gave weight to prior conviction and public interest in deterrence; balancing these factors the court imposed fines of RM3800 (default 10 months imprisonment) for first amended charge and RM3200 (default 10 months imprisonment) for second amended charge as a just and proportionate sentence for possession of 0.86g and 0.20g methamphetamine respectively.

Citation
TF-83D-895-12/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Hadi bin Ismail
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 March 2022
Case Number
TF-83D-895-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal (dangerous Drugs) / Sentencing (appeal Against Sentence)
Outcome
Convicted and sentenced
Legal Topics
Possession of Methamphetamine, Plea of Guilty, Mitigation and Aggravation, Previous Conviction, Deterrence
Source Language
Malay/English
Criminal Law Narcotics Law Sentencing Possession of Methamphetamine Plea of Guilty Mitigation and Aggravation Previous Conviction Deterrence

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Parties

Pendakwa Raya

Prosecution

Hadi bin Ismail

Defendant

Procedural Posture

Criminal (dangerous Drugs) / Sentencing (appeal Against Sentence)

Legal Issues

  1. 1 Appropriate sentence for possession of small quantities of methamphetamine
  2. 2 Whether guilty plea merits mitigation
  3. 3 Impact of prior conviction under Act 283 on sentencing

Ratio Decidendi

Court accepted guilty plea and mitigation but gave weight to prior conviction and public interest in deterrence; balancing these factors the court imposed fines of RM3800 (default 10 months imprisonment) for first amended charge and RM3200 (default 10 months imprisonment) for second amended charge as a just and proportionate sentence for possession of 0.86g and 0.20g methamphetamine respectively.

Court Disposition

Convicted and sentenced

Orders

  • Fine RM3800 for Amended Charge One; default 10 months imprisonment if fine not paid
  • Fine RM3200 for Amended Charge Two; default 10 months imprisonment if fine not paid