12 Aug 2025
SUHARDI BIN ISMAIL
- Citation
- DC-83D-794-04/2025 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DC-83D-794-04/2025 (Mahkamah Majistret)
Magistrate must balance public interest and mitigation; given the large quantity of Mitragynine and local prevalence of such offences the mitigating effect of a guilty plea was limited; statutory scheme (s.33 Poisons Act 1952 read with s.87 Lower Courts Act 1948) constrains the Magistrate's maximum penal powers, and within those limits a combined sentence of 14 months imprisonment and RM10,000 fine (with 12 months default) was appropriate and justified as deterrent and proportionate.