Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Repeat offender provisions
  • 10 Mar 2021

    PENDAKWARAYA PENDAKWARAYA GOH SOON TECK

    Citation
    BK – 620 – 08 – 05 - 2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BK – 620 – 08 – 05 - 2020 (Mahkamah Sesyen)

    Accused admitted guilt and forensic evidence confirmed ingestion of amphetamine and methamphetamine; accused had three prior s.15(1)(a) convictions which triggered mandatory increased sentencing under s.39C(1) ADB 1952; court therefore had no discretion to impose less than the statutory minimum of five years imprisonment and whipping up to three strokes, allowed mitigation for early guilty plea but limited by prior convictions and public interest, and imposed a supervision order under s.38B ADB 1952 for three years.