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2025 MarsdenLR 3234

HIGH COURT MALAYA TAIPING
MUHAMMAD AZRIEN MAT HUSSIN – Appellant
Versus
PP – Respondent


Petitioner Advocates:S Kumaresan ,Respondent Advocate: Nor Arfahanim Azureen Arfanuddin

Table of Content
1. details of charges and prior sentencing. (Para 1 , 2 , 3)
2. core issue of concurrent vs. consecutive sentencing. (Para 4)
3. court's affirmation of the magistrate's decision. (Para 5 , 6 , 7)
4. guiding principles in determining sentencing. (Para 8 , 9 , 10 , 11 , 12)
Noor Ruwena Md Nurdin J:

Introduction

[1] The Appellant in this case had filed a Notice of Appeal to the High Court against the decision of the Taiping Magistrate's Court which had sentenced him to a 1 year imprisonment term for an offence under s 12(3) of the Dangerous Drugs Act 1952 on 16 January 2024 ("the second charge") in Criminal Case No AB-83D-1601-11/2023 where he pleaded guilty. It was ordered that the 1 year term was to begin upon completion of the Appellant's current imprisonment sentence of 7 years from the date of arrest on 12 April 2023 for an offence under s 307 of the Penal Code in Criminal Case No AA-62-35-04/2023 wherein he had pleaded guilty at 25 the Ipoh Sessions Court ("the first charge") on 20 November 2023.

[2] The charge at the Taiping Magistrate's Court on 2 November 2023 was:

"Bahawa kamu 17 October 2023 jam lebih kurang 1620hrs di Lokap UKP Bahagian Pemeriksaan Penjara Taipi

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