GEORGE TOWN: A 21-year-old man escaped the gallows after he pleaded guilty to a reduced charge of drug possession at the High Court here today.
Syed Mohammad Hakimi Ar Rahman Al Mufazzal Syed Hamzah was instead sentenced to eight years' imprisonment and ordered to receive 10 strokes of the rotan.
Syed Mohammad was initially charged with trafficking 947.9 grams of cannabis in front of the guard post at Jalan JKR around 4:50 am on December 1, 2022. He was charged under Section 39B of the Dangerous Drugs Act 1952, which carries the mandatory death penalty or life imprisonment, as well as a minimum of 12 strokes of the rotan upon conviction. He was just 19 years old then.
During today's proceedings, the prosecution tendered a reduced charge of possession under Section 6 of the same Act, punishable under Section 39A(2) of the same Act, to which he pleaded guilty. This carries life imprisonment or a minimum of five years in jail and a minimum of 10 strokes of the rotan upon conviction.
Judicial Commissioner Rofiah Mohamad, in her judgment, ruled that age was an important mitigating factor.
"Eight years is neither lenient nor harsh but balanced and fair. I hope you will take the right path after this as you still have a life ahead of you," she said.
"After accepting the accused's guilty plea, considering the facts of the case, the exhibits tendered, and the mitigating factors, the court found the accused guilty of the offence under Section 39A(2). As such, you are sentenced to eight years' imprisonment from your date of arrest on December 1, 2022, and 10 strokes of the rotan," she added.
Court-appointed counsel K. Simon Murali, earlier in mitigation, told the court that his client was just a 19-year-old teenager when he was arrested on December 1, 2022. He argued that it was in the public interest that young offenders like this accused should not suffer lengthy incarceration.
"Lengthy incarceration will expose him to the risk of coming into contact with and being influenced by seasoned and hardened criminals in prison. Public interest calls for young offenders to be given a second chance to turn a new leaf. The youth are the future of our nation, and therefore, the accused should be given every opportunity to reform and return to the right path. The accused is repentant of his crime. He got involved in drug use due to bad influence from friends who wanted to become rich quickly. He has realized his mistake," he said.
Deputy Public Prosecutor Muna Mohammed Jaafar, who prosecuted, stated that drug trafficking cases have become rampant, and instead of declining, the cases have increased.
"A proportionate sentence should be given to send a clear message to the public and deter potential offenders," she said.