MOHAMAD ZARIN BIN EMAN

MOHAMAD ZARIN BIN EMAN

Accused validly pleaded guilty, statutory conditions of s39C(1) ADB 1952 were satisfied by prior convictions/admissions so court was bound to impose the mandatory minimum punishment under s39C(1): five years imprisonment and whipping (up to three strokes); court imposed five years imprisonment, one stroke and three...

Source-derived case information.

Citation
BK-62D-68-08/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohamad Zarin bin Eman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
1 August 2022
Case Number
BK-62D-68-08/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Dangerous Drugs Act 1952 Offences / Sentencing
Outcome
Guilty; sentenced
Legal Topics
Consumption/possession of Controlled Substances, Mandatory Sentencing Provisions (s39 C), Guilty Plea Credit, Prior Convictions, Supervision Order (s38 B)
Criminal Law Drug Offences Sentencing Law Consumption/possession of Controlled Substances Mandatory Sentencing Provisions (s39 C) Guilty Plea Credit Prior Convictions Supervision Order (s38 B)

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Parties

Pendakwa Raya

Prosecution

Mohamad Zarin bin Eman

Defendant

Procedural Posture

Criminal Dangerous Drugs Act 1952 Offences / Sentencing

Legal Issues

  1. 1 Whether the accused's guilty plea was validly and voluntarily made
  2. 2 Whether s39C(1) Akta Dadah Berbahaya 1952 applies due to prior convictions/admissions
  3. 3 Whether court has discretion or must impose mandatory minimum under s39C(1)

Ratio Decidendi

Accused validly pleaded guilty, statutory conditions of s39C(1) ADB 1952 were satisfied by prior convictions/admissions so court was bound to impose the mandatory minimum punishment under s39C(1): five years imprisonment and whipping (up to three strokes); court imposed five years imprisonment, one stroke and three years supervision under s38B, with sentence to run from 1.8.2022.

Court Disposition

Guilty; sentenced

Orders

  • Imprisonment for five (5) years commencing 1.8.2022
  • One (1) stroke of rotan (whipping)