Malaysia Case Law: Decisions & Judgments

Topic

Aadk supervision

Legal area

Court

14 Feb 2025

JEEVAAGANTH A/L KUNASIGRAN (AKUAN LISAN)

Citation

PA-62D-159-04/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

PA-62D-159-04/2023 (Mahkamah Sesyen)

The court held that the sentence of six years imprisonment from date of re-arrest 8.3.2023, two years AADK supervision and one stroke of the cane is within the statutory range and proportionate given the evidence and absence of reasonable doubt in the accused's defence; the mitigation offered did not warrant reducing the sentence.
13 Sept 2023

KHAIRUL HISHAM BIN HALIM

Citation

TA-83D-627-05/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83D-627-05/2022 (Mahkamah Majistret)

Defendant convicted under Section 15(1)(a) Dangerous Drugs Act 1952 for consuming methamphetamine/amphetamine; court sentenced to 20 months imprisonment to run from date of arrest (16 February 2022) plus three years AADK supervision, having exercised discretion under s.282(d) CPC to credit lengthy remand (>18 months) and balanced public interest, full trial and first offender status in mitigation.
29 May 2023

LIM SWEE LEONG

Citation

AB-83D-1495-10/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-83D-1495-10/2021 (Mahkamah Majistret)

Prosecution established an unbroken chain of custody and credible forensic analysis showing amphetamine and methamphetamine in the defendant’s urine; statutory presumption under s37(k) ADB 1952 was validly engaged and the defendant failed to rebut that presumption on the balance of probabilities; therefore the elements of s15(1)(a) ADB 1952 were proven beyond reasonable doubt and defendant is guilty. Sentencing weighed mitigation (serious health condition, sole carer responsibilities) against prior conviction and public interest, resulting in a fine of RM4,700 and mandatory AADK supervision f…

Malaysia Case Law

JEEVAAGANTH A/L KUNASIGRAN (AKUAN LISAN)

KHAIRUL HISHAM BIN HALIM

LIM SWEE LEONG