MOHD TAUFIK BIN ALIAS

MOHD TAUFIK BIN ALIAS

Given the direct evidence of possession, the confirmed chemical analysis showing 0.99g methamphetamine, the applicant's prior conviction and the public interest in deterrence, the court imposed a fine of RM3,500, failing which 13 months imprisonment, and declined to backdate imprisonment to the date of arrest because the accused had been granted bail.

Citation
TF-83D-8-01/2023 (Mahkamah Majistret)
Parties
Appellant/accused: Mohd Taufik bin Alias; Respondent/prosecution: Pendakwa Raya
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 March 2023
Case Number
TF-83D-8-01/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Possession / Appeal Against Sentence Determination
Outcome
Appeal against sentence dismissed; court imposed/confirmed sentence.
Legal Topics
Possession of Methamphetamine, Sentence Mitigation, Fine Versus Imprisonment, Prior Conviction, Public Interest Deterrence
Source Language
Malay/English
Criminal Law Drug Law Sentencing Possession of Methamphetamine Sentence Mitigation Fine Versus Imprisonment Prior Conviction Public Interest Deterrence

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Parties

Mohd Taufik bin Alias

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Drug Possession / Appeal Against Sentence Determination

Legal Issues

  1. 1 Whether the sentence should be a fine or immediate imprisonment
  2. 2 Whether the sentence should be backdated to date of arrest given that bail was granted
  3. 3 Weight to accord to mitigation (employment, dependants, guilty plea) versus public interest and prior conviction

Ratio Decidendi

Given the direct evidence of possession, the confirmed chemical analysis showing 0.99g methamphetamine, the applicant's prior conviction and the public interest in deterrence, the court imposed a fine of RM3,500, failing which 13 months imprisonment, and declined to backdate imprisonment to the date of arrest because the accused had been granted bail.

Court Disposition

Appeal against sentence dismissed; court imposed/confirmed sentence.

Orders

  • Perayu did pay a fine of RM3,500; failing payment, to be imprisoned for 13 months.
  • Sentence not backdated to date of arrest as bail was granted.