Kota Kinabalu: A 33-year-old man was jailed five years and given a stroke of the cane for repeatedly taking syabu. Sessions Court Judge Elsie Primus handed the sentence to Mohd Aidil Abdul Halim who pleaded guilty on Monday.
He was found taking syabu after his urine tested positive for drug at the police station here on April 3, this year. Mohd Aidil has two previous conviction records for taking drugs.
The offence under Section 15(1)(a) Dangerous Drugs Act and punishable under Section 39C (1)(2) of the same Act carries a jail term of between five and seven years and whipping not more than three strokes, on conviction.
The court ordered Aidil to serve the jail sentence from the date of his arrest.
After completing the jail sentence, the court ordered Aidil to be placed under police supervision for three years.
In mitigation, Aidil who was unrepresented, asked for leniency as he has to look after his family.
Deputy Public Prosecutor Nurul Shaferrah Mad Iskim urged the court to impose a deterrent sentence as Aidil is a habitual addict.
In the High Court, here, a 40-year-old man was freed on Monday from a charge of trafficking 2,726gm of syabu.
High Court Judge Alexander Siew How Wai acquitted and discharged Kong Jian Wei of the charge without his defence being called.
In his ruling, Siew said the court found that the prosecution had not established a prima facie case against the accused.
Kong was accused of committing the offence at 2.45 pm, on Jan 26, 2022, by the roadside of Lorong Ranggung Batek, Likas.
The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952, carries a punishment with either the death penalty or life in prison and whipping with a minimum of 15 strokes, on conviction.
Kong has since been held under remand as the charge against him has no provision for bail.
Six witnesses were called to testify throughout the trial at the prosecution’s stage.
Deputy Public Prosecutor Afiq Agoes prosecuted while Kong was represented by counsel Adelia Adnan.
