PP vs MOHD FAIZ SALLEH - 2016 MarsdenLR 2430

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 2430

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

Table of Content
1. threshold of criminal appeal involves evaluating the adequacy of initial sentencing. (Para 1 , 4 , 6)
2. plea agreements and first offender status can influence sentencing. (Para 2 , 3 , 12)
3. public interest can necessitate stronger sentences despite personal circumstances. (Para 13 , 14)
4. judicial discretion must consider precedent in similar cases when determining sentences. (Para 16 , 17 , 19)
5. final sentencing reflects a balance between severity of crime and public protection needs. (Para 21)

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 th

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2016 MarsdenLR 2430

COURT OF APPEAL PUTRAJAYAPP – AppellantVersusMOHD FAIZ SALLEH – Respondent

Cases Referred (1)

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