MUHAMAD SHAFAR BIN ABD RAZAK

MUHAMAD SHAFAR BIN ABD RAZAK

The court accepted the unqualified guilty plea and evidential exhibits, found the accused possessed 21.61 grams methamphetamine, balanced mitigating factors (first offender, dependents, remorse, guilty plea) against aggravating public interest and quantity, and imposed a sentence within statutory range: 3 years...

Source-derived case information.

Citation
RA-83D-2319-11/2024 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Muhamad Shafar bin Abd Razak
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 November 2024
Case Number
RA-83D-2319-11/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Possession of Controlled Drugs, Sentencing, Plea of Guilty, Public Interest, Mitigation
Criminal Law Drug Offences Possession of Controlled Drugs Sentencing Plea of Guilty Public Interest Mitigation

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Muhamad Shafar bin Abd Razak

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether accused possessed methamphetamine contrary to Dangerous Drugs Act 1952
  2. 2 Appropriate sentence under section 39A(1) DDA 1952 taking into account quantity, guilty plea, mitigation and public interest
  3. 3 Whether plea was voluntary and properly recorded under section 173 CPC

Ratio Decidendi

The court accepted the unqualified guilty plea and evidential exhibits, found the accused possessed 21.61 grams methamphetamine, balanced mitigating factors (first offender, dependents, remorse, guilty plea) against aggravating public interest and quantity, and imposed a sentence within statutory range: 3 years imprisonment from date of arrest and 3 strokes.

Court Disposition

Convicted and sentenced

Orders

  • Convicted under section 39A(1) Dangerous Drugs Act 1952
  • Sentence: 3 years imprisonment from date of arrest