Kota Kinabalu: The High Court here, Friday, sentenced a Filipino labourer to 12 years’ jail plus 10 lashes of the cane for having 173.02g of syabu.
Samson Adak, 25, pleaded guilty before Judicial Commissioner Leonard David Shim to an alternative charge of having the syabu at 10.40pm, on Oct 26, 2018 in Telipok, Manggatal.
The alternative charge offered to Samson is framed under Section 12(2) of Dangerous Drugs Act 1952 which is punishable under Section 39A(2) of the same Act carries imprisonment for life or a jail term of not less than five years and whipping not less than 10 strokes, on conviction.
Samson was originally charged with trafficking the drugs under Section 39B(1)(a) of the Dangerous Drugs Act (DDA) 1952 which carries a punishment of either the death penalty or life imprisonment and whipping with a minimum of 15 strokes on conviction.
In delivering his decision, Leonard held that the offence was rampant and serious and, in the public interest, a deterrent sentence should be imposed.
Counsel PJ Perira, who represented Samson together with counsel Ariel Dasan, requested leniency on the grounds that Samson was remorseful for his action. He was also a first-time offender and had been under remand since he was arrested on Oct 26, 2018. His time in remand had taught him a valuable lesson, physically, emotionally and mentally.
Perira also told the court that Samson was an IMM13 document holder but it had since expired and he was 21 years old at the time the offence was committed.
Deputy Public Prosecutor (DPP) Siti Amirah Muhammad Ali pressed for a heavier deterrent sentence to be imposed.
The drug amount found in the present case was safe to suggest that it was not for personal consumption, she said.
“The amount of drug, in this case – 173.02gm of syabu is more than five times the minimum weight for Section 39A(2) and exceeded the minimum weight (50g) of the presumption of trafficking by almost four times,” said DPP Siti Amirah, adding that the present case had gone through trial on the original charge and three prosecution witnesses had been called to testify.
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