PENDAKWARAYA MD SOHEL

PENDAKWARAYA MD SOHEL

Court accepted the accused's guilty plea as voluntary and understanding, convicted him under s.21 Akta Kawalan Bekalan 1961 read with Reg 3(1) for manufacturing without licence, and having weighed mitigation (early plea, family dependents, lack of prior convictions) against public interest, quantity involved and need for deterrence, sentenced him to 12 months imprisonment commencing 19.2.2021.

Citation
BK – 62 – 6 – 02/ 2021 (Mahkamah Sesyen)
Parties
Prosecution: Intan Nurul Farena Zainal Abidin; Defendant: Md Sohel
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 December 2021
Case Number
BK – 62 – 6 – 02/ 2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing
Outcome
Convicted under s.21 Akta Kawalan Bekalan 1961 read with Reg 3(1); sentenced to 12 months imprisonment commencing 19.2.2021; to be referred to Immigration after sentence.
Legal Topics
Unlawful Possession of Controlled Articles, Manufacturing Without Licence, Sentencing, Public Interest Deterrence
Source Language
Malay/English
Criminal Law Regulatory Law Administrative Law Unlawful Possession of Controlled Articles Manufacturing Without Licence Sentencing Public Interest Deterrence

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Parties

Intan Nurul Farena Zainal Abidin

Prosecution

Md Sohel

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Validity of guilty plea
  2. 2 Whether accused possessed controlled goods with intent or suspicion of manufacturing without licence under s.21 and Reg 3(1)
  3. 3 Appropriate sentence balancing mitigation and public interest

Ratio Decidendi

Court accepted the accused's guilty plea as voluntary and understanding, convicted him under s.21 Akta Kawalan Bekalan 1961 read with Reg 3(1) for manufacturing without licence, and having weighed mitigation (early plea, family dependents, lack of prior convictions) against public interest, quantity involved and need for deterrence, sentenced him to 12 months imprisonment commencing 19.2.2021.

Court Disposition

Convicted under s.21 Akta Kawalan Bekalan 1961 read with Reg 3(1); sentenced to 12 months imprisonment commencing 19.2.2021; to be referred to Immigration after sentence.

Orders

  • 12 months imprisonment commencing 19.2.2021
  • Refer defendant to Immigration for action on completion of sentence