High Court upholds 7-year sentence for man convicted of drug use
SIBU (Aug 15): The High Court here today dismissed Mohamad Fadzlan Shaini's appeal against his conviction and sentence for consuming dangerous drugs.
Fadzlan was sentenced by the Kapit Sessions Court on Nov 14 last year to seven years' imprisonment and three strokes of the cane after pleading guilty to consuming amphetamine and methamphetamine under Section 15(1)(a) of the Dangerous Drugs Act (DDA) 1952, with sentencing under Section 39C(2) of the Act.
In rejecting the appeal, High Court Judge Wong Siong Tung said the Sessions Court had complied with procedural requirements, including explaining the charge and its consequences to the appellant in Bahasa Malaysia, and found no evidence to challenge the legality of the proceedings.
Regarding Fadzlan's mental health, the court noted that the medical report presented was neither submitted to the Sessions Court nor conclusive about his fitness to plead.
Judge Wong emphasised that mental illness does not automatically render someone unfit to plead, and Fadzlan's conduct during proceedings showed he understood the case.
The court also found no evidence that a police officer had influenced Fadzlan's guilty plea.
Affidavits submitted failed to show any direct communication between the officer and the appellant.
Judge Wong concluded that the appellant's grounds were inconsistent and lacked credibility, upholding the conviction and sentence.
Fadzlan, who had a previous drug offence, was represented by lawyer Harold Emparak, while Deputy Public Prosecutor Mark Kenneth Netto represented the prosecution. appeal dismiss drugs jail Kapit Sibu
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