Kota Kinabalu: A 28-year-old undocumented Filipina was jailed nine years by the High Court here for having 51.15gm of syabu.
Nuraida Adam pleaded guilty before Judge Datuk Ismail Brahim to the alternative charge under Section 12 (2) of the Dangerous Drugs Act 1952, punishable under Section 39A (2) of the same Act.
Nuraida and another accused Fatma Maran, also 28 and undocumented, were supposed to stand trial on Monday to a drug trafficking charge but Nuraida was offered the alternative charge by the prosecution.
The court was earlier informed that the representation sent by both women to the Deputy Public Prosecutor’s office had been accepted.
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The alternative charge provided for a life imprisonment or a jail term of not less than five years and whipping not less than 10 strokes, on conviction, while the original charge under Section 39B (1) (a) of the same Act 1952 carries the death penalty.
Nuraida was ordered to serve the jail sentence from the date of her arrest and to be referred to the Immigration Department thereafter.
The court discharged and acquitted Fatma of the original charge following an application from the prosecution for the charge against her to be withdrawn.
Earlier, counsel Norlaily Anuar representing Nuraida requested a lenient sentence on the grounds, among others, that the weight of the drug was only 51.15gm and that she had served her sentence for an immigration offence imposed on Dec 2, 2019.
Deputy Public Prosecutor Rozanna Abdul Hadi, applied for a heavier sentence as the offence committed was severe and also to send a signal to would-be offenders not to commit similar offences.
The prosecution also submitted that the amount of the drugs was enough to be considered as weight.
Fatma was represented by counsel Azhier Farhan.
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