Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 39c

  • 12 Nov 2024

    CHEAN WEI CHUNG

    Citation
    CB-43-3-11/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-43-3-11/2024 (Mahkamah Tinggi)

    The High Court held the Sessions Court erred in granting bail because section 41B of the Dangerous Drugs Act 1952 applies to offences attracting increased penalties under section 39C; section 41B prevails over the general bail provisions of the Criminal Procedure Code (including s388). Binding authorities (PP v Leong Ying Ming; PP v Chew Siew Luan) require that where an offence is punishable with imprisonment for more than five years under the Act, bail is barred; accordingly the Sessions Court bail order was set aside.

  • 13 May 2022

    Murugan A/l P. Subramaniam [ ]

    Citation
    AB-43-11-09/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-43-11-09/2020 (Mahkamah Tinggi)

    The court held that the accused was charged with an offence under s15(1)(a) DDA which is a bailable offence; s39C is merely an enhanced penalty provision and does not alter the nature of the offence for bail purposes; s41B does not operate to deny bail in the circumstances because Parliament did not expressly include s39C-triggered cases in s41B and any construction depriving liberty would be disfavored; accordingly bail was granted and the Sessions Court order refusing bail was set aside.

  • 28 Jul 2020

    PENDAKWARAYA MOHD NOOR ARIS BIN ARNI

    Citation
    AA-62D-79-05/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AA-62D-79-05/2020 (Mahkamah Sesyen)

    Accused, having pleaded guilty and being a repeat offender under the Dangerous Drugs Act 1952, was convicted under s39C(1) and given the mandatory minimum sentence of five years' imprisonment and one stroke of the rotan; the court exercised its discretion to order the sentence to run consecutively to the existing sentence because the offences were separate in time and place and did not satisfy the one transaction rule, with mitigation limited by recidivism.

  • 20 Jan 2020

    AZMAN BIN RAMLI PUBLIC PROSECUTOR

    Citation
    WA-42S-31-08/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42S-31-08/2019 (Mahkamah Tinggi)

    Where an accused pleaded guilty appeal is confined to extent or legality of sentence under section 305 CPC and section 39C DDA prescribes a minimum five years imprisonment and whipping for qualifying repeat offenders; the sessions court's sentence of five years and one stroke was lawful and therefore upheld.