Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Consumption of controlled drug

  • 27 Nov 2023

    NOR AMIRUL BIN NOOR ASIKIN

    Citation
    BF-83D-1067-11/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BF-83D-1067-11/2023 (Mahkamah Majistret)

    Court accepted the unequivocal plea of guilty, found the statutory elements proven by admitted facts and exhibits, weighed mitigating factors against the seriousness of drug offences and public interest, and imposed a custodial sentence of 9 months plus a two‑year police supervision order under Section 38B DDA 1952 as a proportionate and lawful punishment.

  • 9 May 2022

    SHAMSUL KAMAL BIN MOHAMAD PAKRI

    Citation
    AG-83D-195-05/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AG-83D-195-05/2022 (Mahkamah Majistret)

    Court accepted the guilty plea and mitigation but distinguished the consumption offence from related possession offences; having applied the one transaction rule and the totality principle on the facts, the court concluded concurrent sentences were not appropriate and imposed 5 months imprisonment for the s15(1)(a) offence to run consecutively after the sentences in AG-83D-193-05/2022 and AG-83D-194-05/2022, together with a two-year supervision order under the Drug Addict (Treatment and Rehabilitation) Act 1983.