Mohd Irfain Bin Ishak

Mohd Irfain Bin Ishak

Given the guilty plea, the court exercised judicial discretion to impose a mitigated custodial sentence rather than a fine, ordered imprisonment of 6 months to commence after the accused's current sentence ends pursuant to Section 292(1) KTJ, and imposed 2 years supervision under Section 38B ADB to achieve a balance...

Source-derived case information.

Citation
BA-62D-104-07/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant: Mohd Irfan bin Ishak
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 September 2024
Case Number
BA-62D-104-07/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence / Sentencing / Judgment at Sessions Court
Outcome
Accused convicted on amended charge; sentenced to imprisonment and supervision
Legal Topics
Use of Controlled Substances (section 15(1)(a) Adb), Sentencing Principles and Mitigation, Concurrent/commencement of Sentences (section 292(1) Ktj), Amendment of Charge and Plea
Criminal Law Drug Offences Procedural Law Use of Controlled Substances (section 15(1)(a) Adb) Sentencing Principles and Mitigation Concurrent/commencement of Sentences (section 292(1) Ktj) Amendment of Charge and Plea

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Parties

Pendakwa Raya

Prosecutor

Mohd Irfan bin Ishak

Defendant

Procedural Posture

Criminal Drug Offence / Sentencing / Judgment at Sessions Court

Legal Issues

  1. 1 Appropriate sentence for offence under Section 15(1)(a) ADB after amendment of charge
  2. 2 Whether to impose fine or imprisonment given accused was already serving a sentence
  3. 3 When the new sentence should commence under Section 292(1) KTJ

Ratio Decidendi

Given the guilty plea, the court exercised judicial discretion to impose a mitigated custodial sentence rather than a fine, ordered imprisonment of 6 months to commence after the accused's current sentence ends pursuant to Section 292(1) KTJ, and imposed 2 years supervision under Section 38B ADB to achieve a balance of deterrence and rehabilitation.

Court Disposition

Accused convicted on amended charge; sentenced to imprisonment and supervision

Orders

  • Imprisonment of 6 months commencing after completion of existing sentence (S.39C Temerloh)
  • 2 years supervision under Section 38B to commence after completion of the 6-month imprisonment