SAWINDRAN A/L SUBRAMANIAM

SAWINDRAN A/L SUBRAMANIAM

Accused's plea was valid and voluntary under s173 and Lee Eng Tuck; accused's seven prior convictions trigger Section 39C(1) thereby imposing mandatory minimum imprisonment of five years and up to three strokes; court exercised discretion within statutory bounds, accepted limited mitigation from plea but gave greater weight to public interest and recidivism; accordingly convicted and sentenced to five years' imprisonment from 2 March 2023, one stroke, and two years' police supervision under Section 38B to commence after imprisonment.

Citation
BK-62D-18-03/2023 (Mahkamah Sesyen)
Parties
Prosecutor: Penda kwaraya; Accused: Sawindran a/l Subramaniam
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 March 2023
Case Number
BK-62D-18-03/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment and Sentencing (appeal Filed)
Outcome
Convicted as charged under Section 15(1)(a) Dangerous Drugs Act and sentenced under Section 39C(1) and 38B.
Legal Topics
Plea of Guilty, Prior Convictions, Mandatory Minimum Sentence, Supervision Order Under Rehabilitation Statute
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Plea of Guilty Prior Convictions Mandatory Minimum Sentence Supervision Order Under Rehabilitation Statute

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Parties

Penda kwaraya

Prosecutor

Sawindran a/l Subramaniam

Accused

Procedural Posture

Criminal / Judgment and Sentencing (appeal Filed)

Legal Issues

  1. 1 Whether accused's plea of guilty was valid and unequivocal under s173 Criminal Procedure Code and Lee Eng Tuck principles
  2. 2 Whether Section 39C(1) Dangerous Drugs Act applied because of accused's prior convictions/admissions
  3. 3 Appropriate sentence within statutory range and whether mitigation reduces sentence below statutory minimum

Ratio Decidendi

Accused's plea was valid and voluntary under s173 and Lee Eng Tuck; accused's seven prior convictions trigger Section 39C(1) thereby imposing mandatory minimum imprisonment of five years and up to three strokes; court exercised discretion within statutory bounds, accepted limited mitigation from plea but gave greater weight to public interest and recidivism; accordingly convicted and sentenced to five years' imprisonment from 2 March 2023, one stroke, and two years' police supervision under Section 38B to commence after imprisonment.

Court Disposition

Convicted as charged under Section 15(1)(a) Dangerous Drugs Act and sentenced under Section 39C(1) and 38B.

Orders

  • Sentence of imprisonment for 5 years commencing 2 March 2023
  • One stroke of whipping