MOHD ISMAIL BIN ABD RAHMAN v Pendakwa Raya

a-05h-556-11-2024 Court of Appeal (Mahkamah Rayuan) 19 May 2025 • A-05(H)-556-11/2024 • 12 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

Dangerous Drugs Act 1952 – whether sentence imposed is excessive - representation – Public Prosecutor – alternative charge – section 39B(1)(a) – section 39B(2) section 12(2) DDA – section 39A(2) DDA – guilty plea – mitigation and sentencing - pleaded guilty to alternative charge - at the earliest available opportunity – demonstrate genuine remorse and repentance – aggravating factor – severe sentence – previous conviction – committed again after release – similar drug offences – given substantial quantity of drugs involved – intended to be repackaged in smaller plastics – offence of similar nature – previous conviction did not deter – persistent offender – no remorse – gap between previous conviction and current offence too short

Practice Areas

Dangerous Drugs Act 1952

Judges (3)

Che Mohd Ruzima bin Ghazali Coram Noorin binti Badaruddin Coram Utama Wan Ahmad Farid bin Wan Salleh Delivered

Counsel (4)

Attorney General's Chambers Firm Izleen Firm How May Ling Counsel Respondent Izleen Ismail Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Mohd Ismail bin Abd Rahman Appellant

Case Significance

MOHD ISMAIL BIN ABD RAHMAN v Pendakwa Raya is a Court of Appeal (Mahkamah Rayuan) decision dated May 19, 2025 (citation: a-05h-556-11-2024). <p>The appellant was convicted of drug possession under section 12(2) of the Dangerous Drugs Act 1952 after the prosecution offered an alternative charge to the original trafficking charge, and was sentenced to 12 years' imprisonment concurrent with a 3-year sentence on a second charge. The Court of Appeal dismissed his appeal against sentence, finding the 12-year term was not excessive given he was a persistent offender with prior drug convictions and the short gap of less than three years sinc The panel comprised Che Mohd Ruzima bin Ghazali, Noorin binti Badaruddin and Utama Wan Ahmad Farid bin Wan Salleh, with Utama Wan Ahmad Farid bin Wan Salleh delivering the judgment. Counsel appearing: How May Ling (counsel for respondent), Izleen Ismail (counsel for appellant).

Summary

The appellant was convicted of drug possession under section 12(2) of the Dangerous Drugs Act 1952 after the prosecution offered an alternative charge to the original trafficking charge, and was sentenced to 12 years' imprisonment concurrent with a 3-year sentence on a second charge. The Court of Appeal dismissed his appeal against sentence, finding the 12-year term was not excessive given he was a persistent offender with prior drug convictions and the short gap of less than three years since his release from prison. The sentence was affirmed.

What was the outcome of MOHD ISMAIL BIN ABD RAHMAN v Pendakwa Raya?

<p>The appellant was convicted of drug possession under section 12(2) of the Dangerous Drugs Act 1952 after the prosecution offered an alternative cha...

Cases Cited (5)

MY (5)

[1976] 2 MLJ 186 [1981] 1 MLJ 315 [1998] 7 MLJ 503 [2010] 8 CLJ 257 [2024] MLJU 1645