PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH MOHAMAD SAIFUL IZZUDDIN BIN ISMAIL
Catchwords
This judgment has arisen from an appeal against my decision handed down on the 11th of December 2024 whereby I sentenced the accused person to an imprisonment term of nine (9) years from the date of arrest and 10 strokes of whipping on the alternative charge under section 6 of the Dangerous Drugs Act 1952 and punishable under section 39A(2) of the same Act. Crucial it is to note that the accused person in this matter pleaded guilty before me and no trial took place. Essentially, the accused person’s plea of guilty is governed under section 178 of the Criminal Procedure Code (CPC). In this matter, the mandatory requirements of section 178 had been duly satisfied whereby the charge was read and explained to him and he pleaded guilty after understanding the nature and consequences of his plea of guilty without any qualification or reservation. It was a voluntary act performed by the accused person with a sober mind and judgment, free from any uncertainties and/or compulsion. Suffice to say that a plea of guilty amounts to an admission of the accused person towards the acts alleged against him in the charge. Despite the plea of guilty, I must agree without hesitation to the point submitted by the prosecution on the rampancy of drug offences in this country which continues unabated and the upsurgence of indulging in this deleterious offence. So, the sentence by this court being the guardian of justice and law and order must necessarily reflect upon the seriousness of the crime committed.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (wa-45a-4-01-2024)