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Drugs: Man gets 14 years, RM100,000 fine, 13 strokes
Published on: Friday, April 21, 2017

Kota Kinabalu: A 32-year-old self-employed man charged with three counts of drug possession was handed a total of 14 years' jail, fined RM100,000 and 13 strokes of the cane.

High Court Judge Datuk Nurchaya Hj Arshad in delivering her decision on Thursday, found Tan Chilk Hau @ Calvin Tan guilty on all three charges against him ruling that the defence had failed to raise a reasonable doubt in the case.

Tan, a local, was handed four years' jail and fined RM100,000 or one year's jail on the first count of having 238.3gm of ketamine at 3.30pm on Sept 18, 2014 at the Hartamas Height Apartment lobby in Jalan Kepayan-Kobusak, Penampang.

He was also jailed seven years and ordered given 10 lashes of the cane for having 97.4 grammes of cannabis on the same day in a unit at the Hartamas Height Apartment.

Tan received another three years' jail and three lashes of the case for having 15.6gm of 3,4 Methylenedioxymethamphetamine (MDMA) at 3.30pm on Sept 18, 2014 at the Hartamas Height Apartment lobby.

The court ordered Tan to serve the imprisonment sentence concurrently from the date of his arrest.

Earlier, counsel Nelson Angang, representing Tan, requested for leniency on the jail term and whipping sentence and applied for all the sentences to run concurrently.

However, Deputy Public Prosecutor Wan Farrah Farriza Wan Ghazali pressed for a deterrent sentence on the grounds that the cases went into full trial and involved various types of drugs.

Heavier sentence would send a message to the public not to commit the same offence, said Wan Farrah, adding that the offences were serious and rampant.

On the first count, Tan was originally charged with trafficking the 238.38gm of ketamine which carries the death sentence on conviction under Section 39B(1)(a) of the Dangerous Drugs Act but the court amended the charge at the end of the prosecution case and he claimed trial.

The amended charge was framed under Section 12(2) of the Dangerous Drugs Act punishable under Section 39A(1) of the same Act which carries a maximum jail of five years and whipping, on conviction.

Tan had on Dec 6 last year given his defence under oath. - Jo Ann Mool

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