Introduction

[1] This is the Grounds of Judgment on sentencing following 4 convictions against the Accused ('Convicted Accused') at the end of defence case under the Dangerous Drugs Act 1952 ('DDA') and the Poisons Act 1952 . He was convicted for offences under s 39B(1) read with s 39B(2) for the trafficking of 94.99 grams Heroin ('First Conviction'), Section 12(2) read with s 39B(2A) for the possession of 10.15 gram Monoacetylmorphines ('Second Conviction') and s 12(2) read with s 12(3) for the possession of 4.21 gram Methamphetamine (Third Conviction') under the DDA, and s 30(3) read together with s 30(5) of the for the possession of Phenazepam ('Fourth Conviction').

[2] This Court convicted the Accused on 23 May 2023. At the request of Learned Counsel for the Accused, absent objection from the Prosecution, the passing of sentence under s 39B(2) was deferred until after the amendments under the DDA pursuant to the Abolishment of Mandatory Death Penalty Act 2023 ('Act 846') took effect. The sentencing for all the remaining convictions was also deferred to the same date.

[3] Pursuant to the Federal Government Gazette PU (B) 229, Act 846 came into effe