MR. ANUWA HAYIPIYOH 1. ) MR. YAKAREYA ARWAESUEMAE 2. ) [Polis Diraja Malaysia (PDRM)]

MR. ANUWA HAYIPIYOH 1. ) MR. YAKAREYA ARWAESUEMAE 2. ) [Polis Diraja Malaysia (PDRM)]

The accused pleaded guilty to possession of poisons/controlled substances under Section 9(1) Akta Racun 1952 read with Section 32(2) and Section 34 Penal Code; balancing mitigation (age, sole breadwinner, remorse, guilty plea) against aggravation (rampancy, public interest, foreign national status) the court found mitigation insufficient and imposed a custodial sentence of 13 months to serve deterrence and public interest.

Citation
DJ-83D-1489-09/2023 (Mahkamah Majistret)
Parties
Prosecution: Pn. Mahfuzah Hamizah binti Mohd Ariff; Accused: Mohd Ridzuan bin Muhamad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 December 2023
Case Number
DJ-83D-1489-09/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
guilty; sentenced to 13 months imprisonment from date of judgment
Legal Topics
Possession of Controlled Substances, Sentencing Principles, Public Interest, Plea of Guilt, Deterrence
Source Language
Malay/English
Criminal Law Drug/poisons Law Sentencing Law Possession of Controlled Substances Sentencing Principles Public Interest Plea of Guilt Deterrence

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Parties

Pn. Mahfuzah Hamizah binti Mohd Ariff

Prosecution

Mohd Ridzuan bin Muhamad

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 whether the accused was guilty of possession of poisons/controlled substances contrary to Section 9(1) Akta Racun 1952 read with Section 32(2) and Section 34 Penal Code
  2. 2 what is the appropriate sentence having regard to mitigating factors (age, sole breadwinner, remorse, plea) and aggravating factors (rampancy of the crime, public interest, foreign national)
  3. 3 extent to which a plea of guilt warrants a reduced sentence

Ratio Decidendi

The accused pleaded guilty to possession of poisons/controlled substances under Section 9(1) Akta Racun 1952 read with Section 32(2) and Section 34 Penal Code; balancing mitigation (age, sole breadwinner, remorse, guilty plea) against aggravation (rampancy, public interest, foreign national status) the court found mitigation insufficient and imposed a custodial sentence of 13 months to serve deterrence and public interest.

Court Disposition

guilty; sentenced to 13 months imprisonment from date of judgment

Orders

  • Accused convicted as charged
  • Accused sentenced to 13 months imprisonment effective from judgment date