Kota Kinabalu: A 54-year-old labourer was sentenced to 12 years’ jail by the High Court on Monday for having 52.81gm of syabu.
Sabri Basar pleaded guilty before Judge Leonard David Shim to the alternative charge offered to him under Section 12 (2) of the Dangerous Drugs Act 1952, punishable under Section 39A (2) of the same Act.
Sabri admitted to having the drugs at 9am on Feb 22, 2020 at Kg Sungai Miri, in Labuan.
The alternative charge provided life imprisonment or a jail term of not less than five years and whipping not less than 10 strokes, on conviction.
Sabri was originally charged under Section 39B (1) (a) of the same Act 1952, punishable under Section 39B (2) of the same Act together with two other accused Yap Wei Kang, 42, and Teo Lim Hwa, 39.
The prosecution earlier informed the court that the representative letter by Sabri had been accepted and an instruction to offer an alternative charge against him only and that should he plead guilty, the charge against Yap and Teo will be withdrawn.
The alternative charge was offered by the prosecution after four witnesses were called to testify in the hearing of the original charge.
The court ordered Sabri to serve the sentence from the date of his arrest and the charge against Yap and Teo withdrawn and they were discharged and acquitted.
The original charge carries the death sentence or life imprisonment and if not sentenced to death, the accused could be punished with whipping of no less than 15 strokes, on conviction.
Earlier, Leonard in meting out the sentence held that the court found that there were mitigation factors which include a plea of guilty which have saved a substantial amount of judicial time and that Sabri was a first offender and had shown remorse for his action and that there were other mitigating factors of young children and the need to provide for his family.
“However, having regarded the public interest, rampancy of the offence and the non-imposition of whipping due to his age above 50 years old, range of sentencing and decided cases, the first accused is sentenced to 12 years jail to take effect from the date of arrest on Feb 22, 2020,” held Leonard.
Counsel Korvent E. Jomiji representing Sabri during mitigation submitted among others that it was Sabri’s first offence, he is married with five children worked as labourer and was the sole breadwinner of his family.
Deputy Public Prosecutor Mohammed Ali Imran prosecuted.
Yap and Teo were represented by counsels Safrin Salleh Nain and Mohd Ari Nadzrah Abd Rahman, respectively.
* Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss.
* Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
