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) attracting a higher sentence, the primacy of public interest and sentencing trends for s12(2) offences, the guilty plea and age of the offender were mitigating but insufficient to reduce the sentence below a substantial term; therefore 15 years imprisonment from date of arrest is appropriate and sebat is excluded due to age.

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 / Sentence Imposed; Appeal Against Sentence
Outcome
Appeal against sentence dismissed; sentence of 15 years imprisonment from date of arrest upheld; no sebat imposed.
Legal Topics
Possession of Methamphetamine, Mitigation and Aggravation, Public Interest in Sentencing, Sentencing Trends, Guilty Plea
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Possession of Methamphetamine Mitigation and Aggravation Public Interest in Sentencing Sentencing Trends Guilty Plea

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Parties

Pendakwa Raya

Prosecutor

Zulkiflee bin Mat Isa

Defendant

Hasnah binti Abu Hassan

Defendant

Procedural Posture

Criminal Drug Offence / Sentence Imposed; Appeal Against Sentence

Legal Issues

  1. 1 Appropriate sentence for possession of 218.5 grams of methamphetamine under Dangerous Drugs Act 1952
  2. 2 Weight to be given to a guilty plea when offered a lesser charge
  3. 3 Balancing public interest against mitigation including age and first offender status

Ratio Decidendi

Given the large quantity of methamphetamine (218.5g) attracting a higher sentence, the primacy of public interest and sentencing trends for s12(2) offences, the guilty plea and age of the offender were mitigating but insufficient to reduce the sentence below a substantial term; therefore 15 years imprisonment from date of arrest is appropriate and sebat is excluded due to age.

Court Disposition

Appeal against sentence dismissed; sentence of 15 years imprisonment from date of arrest upheld; no sebat imposed.

Orders

  • Sentence of imprisonment of 15 years to run from date of arrest
  • No corporal punishment (sebat) to be imposed due to offender being over 50 years old