[ ] FADHLI BIN YUSOFF

[ ] FADHLI BIN YUSOFF

Court accepted the accused's voluntary early guilty plea and applied a one-third reduction from the custodial range the court would have imposed if convicted after trial (9–10 years for first count), resulting in 6 years 6 months imprisonment and ten strokes under Section 39A(2) for the heroin count; imposed 6 months imprisonment for the methamphetamine count under Section 12(3), to run concurrently from date of arrest (3.6.2024). Court held it could not go below statutory minima and balanced mitigation against public interest and deterrence.

Citation
DA-45A-42-12/2024 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Fadhli bin Yusoff
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 July 2025
Case Number
DA-45A-42-12/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal (drug Offences) / Sentencing / Conviction Recorded
Outcome
Accused convicted on guilty plea and sentenced
Legal Topics
Possession of Heroin, Possession of Methamphetamine, Plea of Guilty, Mitigation, Mandatory Minimum Sentence, Concurrent Sentences, Whipping
Source Language
Malay/English
Criminal Law Drug Law Sentencing Possession of Heroin Possession of Methamphetamine Plea of Guilty Mitigation Mandatory Minimum Sentence +2 more

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Parties

Pendakwa Raya

Prosecution

Fadhli bin Yusoff

Accused

Procedural Posture

Criminal (drug Offences) / Sentencing / Conviction Recorded

Legal Issues

  1. 1 Whether accused properly convicted on guilty plea
  2. 2 Appropriate sentence under Section 39A(2) and Section 12(3) Dangerous Drugs Act 1952 given mandatory minima
  3. 3 Extent of mitigation credit for early plea and personal circumstances

Ratio Decidendi

Court accepted the accused's voluntary early guilty plea and applied a one-third reduction from the custodial range the court would have imposed if convicted after trial (9–10 years for first count), resulting in 6 years 6 months imprisonment and ten strokes under Section 39A(2) for the heroin count; imposed 6 months imprisonment for the methamphetamine count under Section 12(3), to run concurrently from date of arrest (3.6.2024). Court held it could not go below statutory minima and balanced mitigation against public interest and deterrence.

Court Disposition

Accused convicted on guilty plea and sentenced

Orders

  • First count (Section 39A(2) DDA 1952): imprisonment 6 years 6 months starting 3.6.2024 and 10 strokes
  • Second count (Section 12(3) DDA 1952): imprisonment 6 months starting 3.6.2024