1. ) ZULKIFLEE BIN MAT ISA 2. ) HASNAH BINTI ABU HASSAN

1. ) ZULKIFLEE BIN MAT ISA 2. ) HASNAH BINTI ABU HASSAN

Given the large quantity of methamphetamine (218.5g) and the paramount public interest in deterring drug offences, the court held that those factors outweigh mitigation of a guilty plea and first offender status; appellant's sentence of 15 years imprisonment from date of arrest under s12(2) Dangerous Drugs Act 1952 is appropriate and is upheld; no sebat imposed due to age over 50.

Citation
KA-45A-29-10/2024 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: ZULKIFLEE BIN MAT ISA; Defendant: HASNAH BINTI ABU HASSAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 July 2025
Case Number
KA-45A-29-10/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offence / Sentencing Appeal
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Drug Possession, Methamphetamine, Dangerous Drugs Act 1952 S12(2), Sentencing Principles, Public Interest, Mitigation
Source Language
Malay/English
Criminal Law Drugs Sentencing Drug Possession Methamphetamine Dangerous Drugs Act 1952 S12(2) Sentencing Principles Public Interest +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

ZULKIFLEE BIN MAT ISA

Defendant

HASNAH BINTI ABU HASSAN

Defendant

Procedural Posture

Criminal Drug Offence / Sentencing Appeal

Legal Issues

  1. 1 Appropriate sentence for possession of 218.5g methamphetamine under s12(2) Dangerous Drugs Act 1952
  2. 2 Weight of drugs as aggravating factor versus guilty plea mitigation
  3. 3 Whether corporal punishment (sebat) can be imposed on offender over 50 years old

Ratio Decidendi

Given the large quantity of methamphetamine (218.5g) and the paramount public interest in deterring drug offences, the court held that those factors outweigh mitigation of a guilty plea and first offender status; appellant's sentence of 15 years imprisonment from date of arrest under s12(2) Dangerous Drugs Act 1952 is appropriate and is upheld; no sebat imposed due to age over 50.

Court Disposition

Appeal dismissed; sentence upheld

Orders

  • Appeal against sentence dismissed
  • Sentence of 15 years imprisonment from date of arrest imposed under s12(2) Dangerous Drugs Act 1952 upheld