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2015 MarsdenLR 1219

COURT OF APPEAL PUTRAJAYA
PP – Appellant
Versus
MOHD FAZELAN MD KHUZEH – Respondent


Table of Content
1. accused charged with drug possession. (Para 1 , 3 , 4 , 5)
2. consideration of public interest and sentencing principles. (Para 2 , 8 , 10 , 11)
3. court's decision on sentencing based on drug quantity. (Para 6 , 9)
Aziah Ali JCA:

[1] The respondent, Mohd Fazelan bin Md Khuzeh was first charged with an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act). The prosecution had then preferred an alternative charge under s 12(2) punishable under s 39A(2) of the same Act for possession of 960.01 grams of methamphetamine in front of house at Lot 2087, Jalan Sultan Yahya Petra, Kampung Lundang, in the district of Kota Bharu in the state of Kelantan. The respondent pleaded guilty to the alternative charge.

[2] The trial judge sentenced the appellant to 8 years' imprisonment from the date of arrest and 10 strokes of whipping. The Public Prosecutor is dissatisfied with the sentence imposed, hence this appeal. We had allowed the appeal. We set aside the sentence of 8 years' imprisonment and substituted it with imprisonment for 15 years effective from the date of arrest. We affirmed the sentence of 10 strokes of whipping. We now give our reasons below.

Factual Bac

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