Kota Kinabalu: A 31-year-old man was sentenced to 12 years’ jail and five strokes of the cane by the Sessions Court here after being found guilty of repeatedly consuming syabu.
Sessions Court Judge Amir Shah Amir Hassan handed down the sentence to Muhammad Aliff Hamidi on Tuesday, ruling that the prosecution had proven its case beyond reasonable doubt.
Muhammad Aliff was convicted of repeatedly taking the drug at about 9am on Aug 20, 2024, after testing positive for the drug at the Papar police station.
The court was also informed that he had a prior conviction under Section 39C(1) of the Dangerous Drugs Act (DDA) 1952 for repeated drug use.
He was charged under Section 39C(2) of the same Act, which provides for a prison term of between seven and 13 years, along with a minimum of three strokes of the cane upon conviction.
In delivering the sentence, the court ordered that Muhammad Aliff begin serving his jail term from the date of his arrest. Upon completing his sentence, he will also be placed under police supervision for three years.
Judge Amir Shah noted that several factors were taken into account, including public interest, the seriousness and prevalence of the offence, as well as the accused’s lack of remorse.
The court also advised Muhammad to seek help from relevant agencies or non-governmental organisations to overcome his drug addiction.
During mitigation, Muhammad Aliff, who was unrepresented, pleaded for the sentence to commence from the date of his arrest.
However, Deputy Public Prosecutor Bryan Francis urged the court to impose a heavier sentence starting from the date of conviction, highlighting that the case had gone through a full trial involving six prosecution witnesses.
He argued that the accused had been given sufficient opportunity to plead guilty but chose to contest the charge, resulting in a waste of time and resources.
A total of six prosecution witnesses and one defence witness testified at the trial.
The case underscores the judiciary’s firm stance against repeat drug offences, particularly amid ongoing concerns over drug abuse in the State.
