AB KADIR ZAILANI BIN ABDUL HUKOM v Pendakwa Raya
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Case Significance
AB KADIR ZAILANI BIN ABDUL HUKOM v Pendakwa Raya is a High Court (Mahkamah Tinggi) decision dated December 14, 2025 (citation: wa-42h-18-11-2024). <p>The appellant, a repeat drug offender with 3 prior convictions under section 15(1)(a) of the Dangerous Drugs Act 1952 for self-administration, was convicted under enhanced sentencing provisions of section 39C(1) for using morphine and sentenced to 7 years' imprisonment and 3 years' police supervision. The unrepresented appellant argued on appeal that his previous convictions should not be used to enhance his sentence as it amounted to double punishment, and that the trial judge failed to cons The case was decided by Nurulhuda Nur'aini binti Mohamad Nor. Counsel appearing: Joshua Tee (counsel for respondent).
Key issues: Previous conviction-enhancement of sentence sec.39C- whether prejudicial to accused as amounting to twice punished for same offence.
Summary
The appellant, a repeat drug offender with 3 prior convictions under section 15(1)(a) of the Dangerous Drugs Act 1952 for self-administration, was convicted under enhanced sentencing provisions of section 39C(1) for using morphine and sentenced to 7 years' imprisonment and 3 years' police supervision. The unrepresented appellant argued on appeal that his previous convictions should not be used to enhance his sentence as it amounted to double punishment, and that the trial judge failed to consider mitigating factors. The High Court dismissed the appeal, holding that section 39C was specifically enacted to address repeat drug offenders and the enhanced sentence was within the statutory range.
What was the outcome of AB KADIR ZAILANI BIN ABDUL HUKOM v Pendakwa Raya?
<p>The appellant, a repeat drug offender with 3 prior convictions under section 15(1)(a) of the Dangerous Drugs Act 1952 for self-administration, was ...