WOON CHIENG SUM

WOON CHIENG SUM

Given the defendant's positive urine test confirming methamphetamine and at least two prior convictions under s.15(1)(a), s.39C(1) ADB 1952 applied; balancing public interest, prior offending, sentencing trends and mitigating plea, a deterrent sentence within the statutory range was required—resulting in six years' imprisonment starting 14/2/2020, two strokes of the rotan and a three‑year supervision order under s.38B.

Citation
AA-62D-148-07/2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya (Public Prosecutor); Defendant: Woon Chieng Sum
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
12 May 2022
Case Number
AA-62D-148-07/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence / Conviction and Sentencing at Sessions Court; Appeal Filed to High Court
Outcome
Convicted under s.15(1)(a) Akta Dadah Berbahaya 1952; sentenced under s.39C(1) to imprisonment and whipping; s.38B supervision order imposed; appeal lodged.
Legal Topics
Consumption/possession of Controlled Drugs, Increased Penalty for Prior Convictions (s.39 C), Supervision Order (s.38 B), Sentencing Principles and Trends
Source Language
Malay/English
Criminal Law Drug Offences Sentencing Law Consumption/possession of Controlled Drugs Increased Penalty for Prior Convictions (s.39 C) Supervision Order (s.38 B) Sentencing Principles and Trends

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Parties

Pendakwa Raya (Public Prosecutor)

Prosecution

Woon Chieng Sum

Defendant

Procedural Posture

Criminal Drug Offence / Conviction and Sentencing at Sessions Court; Appeal Filed to High Court

Legal Issues

  1. 1 Whether accused committed offence of introducing methamphetamine into his body under s.15(1)(a) ADB 1952
  2. 2 Whether s.39C(1) ADB 1952 applies given prior convictions
  3. 3 Appropriate sentence within statutory range including whipping

Ratio Decidendi

Given the defendant's positive urine test confirming methamphetamine and at least two prior convictions under s.15(1)(a), s.39C(1) ADB 1952 applied; balancing public interest, prior offending, sentencing trends and mitigating plea, a deterrent sentence within the statutory range was required—resulting in six years' imprisonment starting 14/2/2020, two strokes of the rotan and a three‑year supervision order under s.38B.

Court Disposition

Convicted under s.15(1)(a) Akta Dadah Berbahaya 1952; sentenced under s.39C(1) to imprisonment and whipping; s.38B supervision order imposed; appeal lodged.

Orders

  • Sentence: imprisonment for six (6) years commencing from date of arrest 14/02/2020
  • Corporal punishment: two (2) strokes of the rotan