Malaysia Case Law: Decisions & Judgments

Topic

Possession of scheduled poisons

Legal area

Court

28 May 2025

[ ] 1. ) MOHD AKMAL BIN AB KHALIL 2. ) WAN MUHAMAD MUSTAQIM BIN WAN ISMAIL 3. ) LOKMAN NUR HAKIM BIN GHANI

Citation

DC-83D-302-02/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DC-83D-302-02/2024 (Mahkamah Majistret)

The court upheld the original sentencing: the 8‑month and 5‑month imprisonments were appropriate and proportionate given the prevalence of the offences, the late timing of the guilty plea and the appellant's re‑offending while on bail; section 292(1) permits the court to order commencement after the existing sentence, and on the facts such commencement after the sentence for case DC‑83D‑37‑01/2025 was justified.
15 Mar 2023

[ ] MUHAMED AYUB BIN MOHD SUPIAN

Citation

DJ-83D-118-01/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83D-118-01/2023 (Mahkamah Majistret)

Appellant's early guilty plea and mitigation were recognised but outweighed by the excessive quantity of scheduled poisons, absence of reasonable explanation for possession, public interest in deterrence, and recent statutory increases in maximum penalties; therefore the sentences (fines with default imprisonment) imposed by the trial court are proportionate and must be upheld.
15 Mar 2023

[ ] MUHAMED AYUB BIN MOHD SUPIAN

Citation

DJ-83D-117-01/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83D-117-01/2023 (Mahkamah Majistret)

The court affirmed conviction and dismissed the appeal against sentence because, balancing mitigation (early guilty plea, personal circumstances) against aggravating factors (large quantities, lack of reasonable explanation, public interest and amended statutory maxima), the fines with default imprisonment were proportionate, necessary for deterrence and aligned with the legislative intent reflected in the amended Poisons Act.

Malaysia Case Law

[ ] 1. ) MOHD AKMAL BIN AB KHALIL 2. ) WAN MUHAMAD MUSTAQIM BIN WAN ISMAIL 3. ) LOKMAN NUR HAKIM BIN GHANI

[ ] MUHAMED AYUB BIN MOHD SUPIAN

[ ] MUHAMED AYUB BIN MOHD SUPIAN