CHRISTOPHER BENARD A/L ANTONISAMY v Pendakwa Raya

b-05sh-452-10-2023 Court of Appeal (Mahkamah Rayuan) 9 September 2024 • B-05(SH)-452-10/2023 • 5 min read

Catchwords

Criminal Law – Dangerous Drugs – Possession – Methamphetamine – Appeal against conviction and sentence – Substitution of charge – Sentencing principles Appellant originally charged with trafficking 305.4g methamphetamine under s.39B(1)(a) DDA 1952 – High Court convicted and imposed life imprisonment and 12 strokes – On appeal, Prosecution elected not to pursue trafficking charge – conviction substituted to possession under s.12(2) DDA 1952 punishable under s.39A(2) – Court of Appeal allowed appeal, set aside conviction and sentence for trafficking; convicted appellant for possession – the Appellant sentenced to 12 years’ imprisonment (from date of arrest) and 10 strokes (minimum under s.39A(2)) – Appellant appealed against sentence only. Held – Sentencing considerations – seriousness of drug offences – public interest – deterrence – rehabilitation – Sentencing trend for similar cases exceeds 15 years’ imprisonment – Appellant is a first-time offender. Court decision – High Court sentence of 12 years’ imprisonment and 10 strokes affirmed.

Practice Areas

Criminal Law

Judges (3)

Ahmad Zaidi bin Ibrahim Coram Mohamed Zaini bin Mazlan Delivered Noorin binti Badaruddin Coram

Counsel (8)

Attorney General's Chamber Firm Hisyam Teh Firm Hisyam Teh Poh Teik Counsel Appellant How May Ling Counsel Respondent Kee Wei Lon Counsel Appellant Low Wei Loke Counsel Appellant Nur Hafizah Husna Elahab @Lahab Counsel Appellant Siti Summaiyah Ahmad Jaafar Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Christopher Benard a/l Antonisamy Appellant

Judgment

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Read on eJudgment

Source: eJudgment (b-05sh-452-10-2023)