HASIBULLAH BIN MOHD GHAZALI

HASIBULLAH BIN MOHD GHAZALI

Act 846 did not amend the meaning of life imprisonment in s.39B(2) DDA; life imprisonment must be read with s.3 Criminal Justice Act 1953 (deemed 30 years). The High Court's sentence was not in accordance with law and required correction. The appeal is allowed and the sentence is substituted with 10 years' imprisonment from the date of arrest; whipping exempted.

Citation
A-05(H)-276-08/2023 (Mahkamah Rayuan)
Parties
Perayu: Pendakwa Raya; Respondent: Hasibullah bin Mohd Ghazali
Court
H
Jurisdiction
Malaysia
Judgment Date
20 May 2024
Case Number
A-05(H)-276-08/2023 (Mahkamah Rayuan)
Procedural Posture
Rayuan Jenayah / Mahkamah Rayuan (appeal Against Sentence)
Outcome
Appeal allowed; High Court sentence set aside and substituted.
Legal Topics
Dangerous Drugs Act 1952 S.39 B, Abolition of Mandatory Death Penalty Act 2023 (act 846), Definition of Life Imprisonment (criminal Justice Act 1953 S.3), Transitional Provisions, Mitigation and Aggravation Factors
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Statutory Interpretation Dangerous Drugs Act 1952 S.39 B Abolition of Mandatory Death Penalty Act 2023 (act 846) Definition of Life Imprisonment (criminal Justice Act 1953 S.3) Transitional Provisions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Perayu

Hasibullah bin Mohd Ghazali

Respondent

Procedural Posture

Rayuan Jenayah / Mahkamah Rayuan (appeal Against Sentence)

Legal Issues

  1. 1 Whether the 15-year sentence imposed by the High Court was lawful
  2. 2 Proper legal meaning of 'imprisonment for life' after Act 846 for offences under s.39B DDA
  3. 3 Whether the trial judge erred in principle by imposing an unlawful sentence and being manifestly inadequate

Ratio Decidendi

Act 846 did not amend the meaning of life imprisonment in s.39B(2) DDA; life imprisonment must be read with s.3 Criminal Justice Act 1953 (deemed 30 years). The High Court's sentence was not in accordance with law and required correction. The appeal is allowed and the sentence is substituted with 10 years' imprisonment from the date of arrest; whipping exempted.

Court Disposition

Appeal allowed; High Court sentence set aside and substituted.

Orders

  • High Court sentence of 15 years' imprisonment under s.39B(2) DDA set aside and substituted with 10 years' imprisonment from date of arrest (2 December 2020)
  • Whipping exempted