Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Consumption of controlled drugs

  • 30 Mar 2022

    HADI BIN ISMAIL

    Citation
    TF-83D-226-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TF-83D-226-03/2022 (Mahkamah Majistret)

    Considering the admitted facts, positive toxicology for amphetamine/methamphetamine, early guilty plea, defendant's background and significant prior convictions proved by warrant, the court exercised sentencing discretion to impose a fine of RM2700, failing which 10 months imprisonment, and a three-year supervision order under AADK (s38B), concluding heavier sentence appropriate due to habitual offending and public interest.

  • 4 Mar 2021

    NUR FARIZA BINTI ZAINUDIN

    Citation
    JB-41H-82-12/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-41H-82-12/2019 (Mahkamah Tinggi)

    High Court found the Magistrate misdirected herself by recording that the appellant had no dependents despite mitigation evidence she was a single mother with four children (including a 10-month-old), and by failing to consider imposition of a fine; after admitting and considering AADK rehabilitation evidence (D6) the Court held intervention was justified and substituted the Magistrate's 10-month custodial sentence with a RM5,000 fine (4 months imprisonment in default) plus two years police supervision under s38B of the Dangerous Drugs Act 1952.