Izudin Bin Abu Talib [ ]

Izudin Bin Abu Talib [ ]

The Court allowed the appeal, set aside the conviction and death sentence under section 39B(1)(a)/39B(2) of the Dangerous Drugs Act 1952 because the prosecution and Attorney General consented to an amended charge; the appellant was convicted on the substituted charge under section 6 and sentenced under section 39A(2) to 10 years' imprisonment and 10 strokes. The Court took into account mitigation (no prior record, remorse and prolonged remand) and current sentencing trends for the same class of drug offences in imposing the reduced sentence.

Citation
B-05(M)-511-11/2022 (Mahkamah Rayuan)
Parties
Appellant / Perayu: Izudin bin Abu Talib; Respondent: Pendakwa Raya; Co Accused (tertuduh Pertama): Harendran a/l Sangali
Court
M
Jurisdiction
Malaysia
Judgment Date
18 April 2024
Case Number
B-05(M)-511-11/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; original conviction under section 39B(1)(a) and death sentence set aside; appellant convicted on amended charge and sentenced
Legal Topics
Possession With Intent to Distribute, Charge Amendment, Presumption Under Section 37(da), Section 39 B Dangerous Drugs Act 1952, Section 39 A(2) Dangerous Drugs Act 1952, Section 6 Dangerous Drugs Act 1952, Joint Liability Under Section 34 Penal Code
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Appeal Possession With Intent to Distribute Charge Amendment Presumption Under Section 37(da) Section 39 B Dangerous Drugs Act 1952 +3 more

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Parties

Izudin bin Abu Talib

Appellant / Perayu

Pendakwa Raya

Respondent

Harendran a/l Sangali

Co Accused (tertuduh Pertama)

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant had knowledge and possession of the drugs found in the vehicle
  2. 2 Whether the presumption under section 37(da) Dangerous Drugs Act 1952 was rebutted
  3. 3 Whether amendment of the charge and substitution of sentence was appropriate

Ratio Decidendi

The Court allowed the appeal, set aside the conviction and death sentence under section 39B(1)(a)/39B(2) of the Dangerous Drugs Act 1952 because the prosecution and Attorney General consented to an amended charge; the appellant was convicted on the substituted charge under section 6 and sentenced under section 39A(2) to 10 years' imprisonment and 10 strokes. The Court took into account mitigation (no prior record, remorse and prolonged remand) and current sentencing trends for the same class of drug offences in imposing the reduced sentence.

Court Disposition

Appeal allowed in part; original conviction under section 39B(1)(a) and death sentence set aside; appellant convicted on amended charge and sentenced

Orders

  • Rayuan Perayu dibenarkan
  • Sabitan bagi pertuduhan di bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 dan hukuman gantung sampai mati diketepikan