Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Self-administration (section 15)

Legal area

Court

11 Mar 2026

AZMAN BIN KAMARUDDIN

Citation

DA-62D-60-03/2026 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-62D-60-03/2026 (Mahkamah Sesyen)

Section 39C(1) of the Dangerous Drugs Act 1952 is mandatory where its antecedent conditions are met; the court lacked discretion to impose less than five years' imprisonment. Given the appellant's repeated convictions and ongoing drug involvement, the appropriate sentence under the statute is five years' imprisonment, one stroke of whipping and a two-year supervision order to commence after completion of the sentence; the sentence was ordered to take effect from 11/3/2026.
16 Jun 2025

S.ROMANICAN A/L SELVARAJAH

Citation

BA-62D-60-04/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-62D-60-04/2025 (Mahkamah Sesyen)

Court accepted the accused's guilty plea, found prosecution proved elements of Section 15(1)(a) and that Section 39C(1) applied because of two prior convictions; balancing mitigation for early plea against prior convictions and public interest, court imposed the minimum statutory term under Section 39C(1): five years' imprisonment, two strokes of whipping and two years' supervision, with sentence to commence on 16-6-2025 per its discretion under Section 292 since the accused's current sentence ended after that date.