MUHAMAD ADIB BIN ZAINOL

MUHAMAD ADIB BIN ZAINOL

Section 39C(1) of the Dangerous Drugs Act 1952 mandates a custodial sentence between five and seven years and whipping for an offender with the requisite prior convictions; the court accepted the guilty plea as mitigation but found it outweighed by the seriousness of the offence, the defendant's repeated convictions for the same offence and the public interest in deterrence, and therefore imposed six years imprisonment, three strokes and three years supervision.

Citation
BF-62D-3-01/2024 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Adib bin Zainol
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 February 2024
Case Number
BF-62D-3-01/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing (conviction Recorded and Sentence Imposed)
Outcome
Defendant convicted on plea of guilty and sentenced.
Legal Topics
Self Administration, Dangerous Drugs, Mandatory Sentencing Under S39 C, Previous Convictions, Supervision Order Under S38, Guilty Plea Discount
Source Language
Malay/English
Criminal Law Drug Law Sentencing Law Self Administration Dangerous Drugs Mandatory Sentencing Under S39 C Previous Convictions Supervision Order Under S38 +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Adib bin Zainol

Defendant

Procedural Posture

Criminal / Sentencing (conviction Recorded and Sentence Imposed)

Legal Issues

  1. 1 Whether section 39C(1) Dangerous Drugs Act 1952 mandates the prescribed minimum custodial sentence and whipping
  2. 2 Weight to be given to guilty plea as mitigation given prior convictions and public interest
  3. 3 Admissibility and effect of prior convictions under section 400 KPJ

Ratio Decidendi

Section 39C(1) of the Dangerous Drugs Act 1952 mandates a custodial sentence between five and seven years and whipping for an offender with the requisite prior convictions; the court accepted the guilty plea as mitigation but found it outweighed by the seriousness of the offence, the defendant's repeated convictions for the same offence and the public interest in deterrence, and therefore imposed six years imprisonment, three strokes and three years supervision.

Court Disposition

Defendant convicted on plea of guilty and sentenced.

Orders

  • Imprisonment for 6 years from date of arrest
  • Three strokes of the rotan (whipping)