Mohamed Azmi J

(delivering oral judgment): The respondent in this appeal was charged in the Magistrate's Court at Kuala Lumpur for being in possession of eight plastic straws containing 0.21 gms of heroin, an offence under section 12(2) of the Dangerous Drugs Act No. 30 of 1952 (Revised 1980). Under section 12(3) of the Act, the offence is punishable with a fine not exceeding $20,000 or to imprisonment for a term not exceeding five years or to both. The respondent pleaded guilty to the charge on November 26, 1980 and he was accordingly convicted and sentenced to eight months' imprisonment to take effect from the date of his arrest which was November 8, 1980. The Public Prosecutor has now appealed against sentence. The learned Deputy Public Prosecutor argues that the sentence is grossly inadequate on the ground that the Magistrate had failed to appreciate the seriousness of the offence and also had failed to consider that the respondent had five previous convictions — two of which were connected with drugs whilst the other three involved thefts.

From the grounds of judgment, the learned Magistrate had this to say on sentence:

"Considering the accused's previous conviction and especi