PENDAKWARAYA SULAIMAN BIN SAAD

PENDAKWARAYA SULAIMAN BIN SAAD

The magistrate held that the defendant's guilty plea was voluntary and thus barred appeal against conviction; sentencing discretion under s.292 CPC permits ordering the 5-month term to commence after the existing sentence where offences are not one transaction; given the seriousness of drug offences and public...

Source-derived case information.

Citation
AJ-83D-838-10/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Sulaiman bin Samad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 October 2019
Case Number
AJ-83D-838-10/2019 (Mahkamah Majistret)
Procedural Posture
Criminal / Post Conviction Appeal Against Conviction and Sentence at Magistrate Court
Outcome
Appeal against conviction dismissed; sentence of 5 months imprisonment to run after completion of existing imprisonment affirmed and two years police supervision under Section 38B affirmed.
Legal Topics
Self Administration of Drugs, Concurrent Vs Consecutive Sentences, Plea of Guilty and Right to Appeal, Section 292 Commencement of Sentence, One Transaction Rule
Criminal Law Drug Offences Sentencing Law Criminal Procedure Self Administration of Drugs Concurrent Vs Consecutive Sentences Plea of Guilty and Right to Appeal Section 292 Commencement of Sentence +1 more

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Parties

Pendakwa Raya

Prosecution

Sulaiman bin Samad

Defendant

Procedural Posture

Criminal / Post Conviction Appeal Against Conviction and Sentence at Magistrate Court

  1. 1 Whether a defendant who pleaded guilty can appeal against conviction
  2. 2 Whether the subsequent sentence should run concurrently with or consecutively to an existing sentence
  3. 3 Proper sentencing for self-administration of morphine under Section 15(1)(a) Dangerous Drugs Act 1952

Ratio Decidendi

The magistrate held that the defendant's guilty plea was voluntary and thus barred appeal against conviction; sentencing discretion under s.292 CPC permits ordering the 5-month term to commence after the existing sentence where offences are not one transaction; given the seriousness of drug offences and public interest a 5-month imprisonment and two-year supervision under s.38B were appropriate and justified, and the plea only mitigated but did not negate the need for a consecutive custodial sentence.

Court Disposition

Appeal against conviction dismissed; sentence of 5 months imprisonment to run after completion of existing imprisonment affirmed and two years police supervision under Section 38B affirmed.

Orders

  • Conviction under Section 15(1)(a) Dangerous Drugs Act 1952 upheld
  • Sentence of 5 months imprisonment to commence after completion of the defendant's existing sentence