MOHD. SHAFIR BIN ABDUL RASHID (NO. KP: 850719-02-5331)

MOHD. SHAFIR BIN ABDUL RASHID (NO. KP: 850719-02-5331)

The court balanced public interest and deterrence with mitigating factors including the accused's guilty plea, remorse and family responsibilities, applied the established plea discount range, considered prior convictions and the rampancy and seriousness of drug offences, and concluded that 15 years imprisonment from date of arrest and 10 strokes was an appropriate and proportionate sentence for possession of 15.6 grams of dangerous drugs under s.12(2) Dangerous Drugs Act 1952 punishable under s.39A(2).

Citation
KA-45A-56-12/2017 (Mahkamah Tinggi)
Parties
Accused: Mohd Shafir bin Abdul Rashid; Prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 August 2020
Case Number
KA-45A-56-12/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing (appeal Against Sentence)
Outcome
Accused convicted under section 12(2) Dangerous Drugs Act 1952 and sentenced under section 39A(2): 15 years imprisonment from date of arrest and 10 strokes.
Legal Topics
Possession of Controlled Drugs, Mitigating and Aggravating Factors, Public Interest and Deterrence, Plea Discount
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Possession of Controlled Drugs Mitigating and Aggravating Factors Public Interest and Deterrence Plea Discount

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mohd Shafir bin Abdul Rashid

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Sentencing (appeal Against Sentence)

Legal Issues

  1. 1 Whether the sentence imposed was appropriate and proportionate
  2. 2 Weight to be given to public interest and deterrence versus personal mitigation
  3. 3 Applicability and extent of plea discount for guilty plea

Ratio Decidendi

The court balanced public interest and deterrence with mitigating factors including the accused's guilty plea, remorse and family responsibilities, applied the established plea discount range, considered prior convictions and the rampancy and seriousness of drug offences, and concluded that 15 years imprisonment from date of arrest and 10 strokes was an appropriate and proportionate sentence for possession of 15.6 grams of dangerous drugs under s.12(2) Dangerous Drugs Act 1952 punishable under s.39A(2).

Court Disposition

Accused convicted under section 12(2) Dangerous Drugs Act 1952 and sentenced under section 39A(2): 15 years imprisonment from date of arrest and 10 strokes.

Orders

  • Convicted under section 12(2) Dangerous Drugs Act 1952.
  • Sentence: 15 years imprisonment from date of arrest.