Malaysia Case Law: Decisions & Judgments

Topic

Supervision order under section 38b

Legal area

Court

12 Dec 2024

MUHAMAD SUFIAN BIN HASSAN

Citation

DA-62D-39-02/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-62D-39-02/2024 (Mahkamah Sesyen)

The court held that Section 39C(1) prescribes a mandatory minimum sentence of five years' imprisonment and whipping, leaving no discretion to impose a lesser term; given appellant's two prior convictions for s.15 offences and lack of convincing mitigation, the minimum sentence of five years imprisonment and one rotan stroke, plus a two-year supervision order, was appropriate and not manifestly excessive.
11 Oct 2023

SAIFUL ZAHARI BIN SALLEH

Citation

BF-62D-47-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-62D-47-10/2023 (Mahkamah Sesyen)

Court accepted the guilty plea but, given the accused’s multiple prior convictions for the same drug offence and the serious public interest in deterrence, applied limited mitigation and imposed punishment within section 39C(2): 10 years’ imprisonment from date of arrest, 4 strokes, and 3 years’ supervision under section 38B; the sentence was held to be lawful, proportionate and necessary to protect the public and deter reoffending.
19 Apr 2021

PENDAKWARAYA JA'AFAR BIN MALEK

Citation

NE-83D-282-04/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NE-83D-282-04/2021 (Mahkamah Majistret)

Accused's unqualified guilty plea was accepted and given mitigation but outweighed by multiple prior narcotics convictions and public interest in deterrence; therefore a custodial sentence of 14 months imprisonment (to run consecutively after existing sentences) plus three years supervision under s38B ADB 1952 was appropriate and lawful under CPC ss 282 and 292 and sentencing principles.

Malaysia Case Law

MUHAMAD SUFIAN BIN HASSAN

SAIFUL ZAHARI BIN SALLEH

PENDAKWARAYA JA'AFAR BIN MALEK