Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dangerous drugs act

  • 20 Aug 2024

    [ ] SAYED SHAHRIMAN BIN WAN AHMAD HUSSIEN

    Citation
    Q-09(H)-156-07/2023 (Mahkamah Rayuan)
    Court
    H
    Case number
    Q-09(H)-156-07/2023 (Mahkamah Rayuan)

    The Court held that the sentencing provision in a charge is optional and does not form part of the charge; the Sessions Court was bound to impose the statutory minimum whipping under s39A(2) DDA 1952 notwithstanding the erroneous sentence in the amended charge. Because the Sessions Court imposed a lesser whipping and the plea process in the unrepresented accused's case was thereby rendered unsafe, the conviction and sentence were set aside and the matter remitted to the Sessions Court to retake the plea or for retrial.

  • 20 Apr 2021

    MURALY A/L SUBRAMANIAM (NO K/P: 790809-08-5031) PUBLIC PROSECUTOR

    Citation
    AA-44-3-02/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-44-3-02/2021 (Mahkamah Tinggi)

    The court dismissed the bail application because s.41B(1)(a) of the Dangerous Drugs Act 1952 expressly prohibits bail for offences punishable with death and that prohibition is binding and dispositive under higher court authority (Public Prosecutor v Chew Siew Luan and Leong Ying Ming); constitutional arguments under Arts 8, 121 and 5 do not override the clear statutory bar nor permit the court to read the CPC proviso into the DDA; the applicant's medical condition did not alter the statutory prohibition and the prison's medical regime was found adequate.