Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 39c dda

Legal area

Court

20 Jan 2020

MUHAMAD RAFA'EK BIN K ABDUL SALAM PUBLIC PROSECUTOR

Citation

WA-42S-26-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-26-06/2019 (Mahkamah Tinggi)

The High Court affirmed the sessions court sentence because the appellant had the requisite prior convictions triggering mandatory application of section 39C DDA, and sentencing principles of deterrence and prevalence justified upholding the seven‑year term and one stroke of the rotan within the statutory range.
1 Jan 1900

PENDAKWARAYA Pendakwaraya MOHD SYAFFIQ BIN MOHD RUSLY

Citation

62D-40-08/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

62D-40-08/2020 (Mahkamah Sesyen)

The court found s39C applicable because the accused had two prior convictions under s15(1)(a); accordingly the court imposed the statutory minimum custodial sentence of five years and one stroke of whipping and ordered two years police supervision upon release. Mitigating factors were considered but were insufficient to reduce the sentence below the statutory minimum; deterrence and the accused's repeat offending warranted the imposed sentence.