Augustine Paul J:

The charge preferred against the accused in the Magistrates Court at Melaka was for being in possession of 0.10 grams of morphine on 25 July 1997 in contravention of s. 12(2) of the Dangerous Drugs Act 1952 and punishable with a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding five years or both.

The accused pleaded guilty to the charge when it was read and explained to him. He understood the nature and consequences of his plea. He admitted the facts of the case as presented by the prosecution and the learned magistrate accepted his guilty plea. In his plea in mitigation the accused prayed for leniency in view of his plea. He had 22 previous convictions. The first was in 1973 and the last in 1994. Seven of the previous convictions were drug related while most of the remaining ones were for theft. The last conviction on 3 December 1994 was for possession of dangerous drugs for which he was sentenced to 36 months' imprisonment. Accordingly, the prosecution prayed for a deterrent sentence as the previous convictions did not seem to have had any effect on him. The learned magistrate convicted the accused and imposed a sente