MOHD SABRI BIN MAT ARIF

MOHD SABRI BIN MAT ARIF

Given two prior convictions for the same offence and the serious public interest in deterring drug offences, the court applied s39C(1)(b) of the Dangerous Drugs Act 1952 and held that despite the accused's guilty plea mitigation, a custodial sentence of six years imprisonment and three strokes was appropriate and within statutory bounds.

Citation
BF-62D-29-08/2023 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD SABRI MAT ARIF
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 August 2023
Case Number
BF-62D-29-08/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence / Sentencing
Outcome
Accused convicted on plea and sentenced under s39C(1)(b) Dangerous Drugs Act 1952.
Legal Topics
Possession and Self Administration of Controlled Drugs, Recidivism, Guilty Plea Mitigation, Mandatory Minimum Sentencing Under Section 39 C(1)(b)
Source Language
Malay/English
Criminal Law Drug Law Sentencing Law Possession and Self Administration of Controlled Drugs Recidivism Guilty Plea Mitigation Mandatory Minimum Sentencing Under Section 39 C(1)(b)

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Parties

PENDAKWA RAYA

Prosecution

MOHD SABRI MAT ARIF

Accused

Procedural Posture

Criminal Drug Offence / Sentencing

Legal Issues

  1. 1 Whether section 39C(1)(b) of the Dangerous Drugs Act 1952 applies given two prior convictions
  2. 2 Extent to which guilty plea attracts mitigation given serious drug offences and prior convictions
  3. 3 Appropriate balance between public interest/deterrence and individual mitigation

Ratio Decidendi

Given two prior convictions for the same offence and the serious public interest in deterring drug offences, the court applied s39C(1)(b) of the Dangerous Drugs Act 1952 and held that despite the accused's guilty plea mitigation, a custodial sentence of six years imprisonment and three strokes was appropriate and within statutory bounds.

Court Disposition

Accused convicted on plea and sentenced under s39C(1)(b) Dangerous Drugs Act 1952.

Orders

  • Convicted of an offence under section 15(1)(a) read with section 39C(1)(b) Dangerous Drugs Act 1952
  • Sentence: Six years imprisonment from date of conviction and three strokes of the cane