SHAMSUL KAMAL BIN MOHAMAD PAKRI

SHAMSUL KAMAL BIN MOHAMAD PAKRI

Court accepted the guilty pleas, applied established sentencing principles including the one transaction rule and totality principle but exercised its discretion to impose separate consecutive imprisonment terms to reflect seriousness and deterrence. Sentences of 5 months (first count) and 4 months (second count) were imposed and ordered to run separately after completion of the sentence in the related case AG-83D-193-05/2022, resulting in an aggregate custody period with the related case of 22 months.

Citation
AG-83D-194-05/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Appellant/accused: Shamsul Kamal bin Mohamad Pakri
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 May 2022
Case Number
AG-83D-194-05/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offences / Sentencing (reasons for Sentence; Appeal Against Sentence Filed)
Outcome
Convicted and sentenced
Legal Topics
Possession of Controlled Drugs, Dangerous Drugs Act 1952 S12(2) and S12(3), One Transaction Rule, Totality Principle, Concurrent Vs Consecutive Sentences, Mitigation and Plea in Mitigation
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Possession of Controlled Drugs Dangerous Drugs Act 1952 S12(2) and S12(3) One Transaction Rule Totality Principle Concurrent Vs Consecutive Sentences +1 more

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Parties

Pendakwa Raya

Prosecution

Shamsul Kamal bin Mohamad Pakri

Appellant/accused

Procedural Posture

Criminal Drug Offences / Sentencing (reasons for Sentence; Appeal Against Sentence Filed)

Legal Issues

  1. 1 Whether sentences for multiple offences arising from the same transaction should run concurrently or consecutively
  2. 2 Appropriate quantum of sentence for possession of small quantities of heroin and monoacetylmorphines
  3. 3 Application of the one transaction rule and the totality principle in sentencing

Ratio Decidendi

Court accepted the guilty pleas, applied established sentencing principles including the one transaction rule and totality principle but exercised its discretion to impose separate consecutive imprisonment terms to reflect seriousness and deterrence. Sentences of 5 months (first count) and 4 months (second count) were imposed and ordered to run separately after completion of the sentence in the related case AG-83D-193-05/2022, resulting in an aggregate custody period with the related case of 22 months.

Court Disposition

Convicted and sentenced

Orders

  • Accused convicted on both counts
  • Count 1: 5 months imprisonment