MOHD AMIRUDDIN BIN LAZIM v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

Case Significance

Illustrates appellate calibration of sentence for a repeat drug-use offender under section 39C of the Dangerous Drugs Act 1952: the High Court reduced the imprisonment term, the number of strokes and the period of police supervision imposed by the Sessions Court.

This High Court decision is an appeal against sentence in a drug matter. The appellant had been charged in the Sessions Court under seksyen 15(1)(a) Akta Dadah Berbahaya 1952 (section 15(1)(a) of the Dangerous Drugs Act 1952) for the self-administration of a dangerous drug, morphine, an offence punishable under seksyen 39C(1) of the same Act because he had two prior convictions under section 15(1)(a), recorded in 2010 and 2022, and read together with seksyen 38B. The appellant had elected to be tried and conducted his own defence in the Sessions Court, which convicted him and imposed a sentence of seven years' imprisonment from the date of arrest on 3 August 2023, two strokes of the cane (sebatan) and three years' police supervision (pengawasan polis) upon completion of the custodial term. The appellant appealed against sentence, contending that the punishment was excessive. On appeal the High Court reviewed the whole of the evidence and the grounds of the Sessions Court's decision, and considered the appropriate sentence for a repeat offender under the section 39C regime, weighing the antecedents against the mitigating circumstances. The court concluded that the appeal against sentence should be allowed. It set aside the order of the Sessions Court judge and digantikan (substituted) the following sentence: the appeal was allowed; a term of six years' imprisonment from the date of arrest on 3 August 2023 and one stroke of the cane; and two years' police supervision after completion of the custodial sentence. The effect was to reduce the custodial term from seven years to six, the caning from two strokes to one, and the period of police supervision from three years to two. The judgment is a useful illustration of appellate calibration of sentence for a repeat drug-use offender sentenced under section 39C of the Dangerous Drugs Act 1952.