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2016 MarsdenLR 2430

COURT OF APPEAL PUTRAJAYA
PP – Appellant
Versus
MOHD FAIZ SALLEH – Respondent


Abang Iskandar Abang Hashim JCA:

[1] This is an appeal by the Public Prosecutor against sentence imposed by the High COURT on the accused person, Mohd Faiz bin Salleh ("the Respondent").

[2] The Respondent was initially charged for 3 dangerous drugs offences involving Cannabis namely:

1) Section 39B (1)(a) of Dangerous Drugs Act 1952 (" DDA ")

2) Section 6 of DDA punishable under the same section

3) Section 6 of DDA punishable under the same section

[3] Subsequently, the prosecution tendered an alternative charge to the 1st charge ie from trafficking to one of possession under s 6 of the DDA punishable under Section 39A(2) of . The weight of the impugned drugs for the 1st charge was 299.45 gram of Cannabis.

[4] The Respondent had then pleaded guilty to the alternative charge to the 1st offence, as well as to the other 2 charges. He was then convicted on his own voluntary plea of guilty on all the said 3 charges.

[5] After hearing submissions on sentence from both parties, the learned Judge had sentenced him to 8 years imprisonment and 10 strokes of rotan for the alternative 1st charge, whilst for the other 2 charges, a sentence of 1 year of imprisonment for each charge was imposed

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