Kota Kinabalu: A 26-year-old unemployed man was jailed 12 years’ jail and ordered to be caned 10 times by the High Court for having 50.97gm of syabu.
Faiz Abu Imbin pleaded guilty before Judicial Commissioner Amelati Parnell 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.
Faiz admitted to committing the offence at 1.35pm on June 27, 2020 at the roadside of Jalan Tuaran Bypass in Manggatal.
The alternative charge was offered by the prosecution during mention of Faiz’s case, Wednesday.
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.
Faiz was originally charged under Section 39B (1) (a) of the same Act 1952, which carries a punishment of either the death penalty or life in prison and whipping with a minimum of 15 strokes.
Counsel Nelson Angang, representing Faiz, requested a lenient sentence on the grounds, among others, that he was a first offender and that he was desperate at that time since he lost his work during the Covid-19 pandemic.
Deputy Public Prosecutor (DPP) Azreen Yas Mohamad Ramli urged the court to impose a deterrent sentence stating that the public’s interest outweighs the interest of the accused.
Drugs-related cases have always been an eyesore to the country at large. Even with the death sentence or a severer punishment imposed, the drugs related problems seem not to cease in the near future.
The government and legislature have taken serious views in the abuse of usage of dangerous drugs, said DPP Azreen and submitted that it was only suitable for the court to impose a high imprisonment sentence to portray what the government and legislature intended in drafting and enforcing drugs-related laws.
On Faiz’s condition due to the Covid-19 pandemic, DPP Azreen said his condition did not justify his action in choosing to be involved in drug-related offences as there were many other jobs he can do than getting involved in the drugs-related offences.
The court ordered Faiz to serve the sentence from the date of his arrest on June 27, 2020.
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