Kota Kinabalu: A 29-year-old labourer was sentenced to life imprisonment and ordered to get 15 strokes of the cane for trafficking 196.53gm of syabu.
High Court Judge Wong Siong Tung meted out the sentence to Mawie Ache Mairon, after ruling that the prosecution has proven its case against Mawie beyond reasonable doubt, Thursday.
The court ruled that the essential ingredients of the offence for which the accused was charged namely, identity and the weight of the drugs for which Mawie was in actual possession have been proven beyond reasonable doubt which trigger the statutory presumption of trafficking under Section 37(da) (xvi) of the Dangerous Drugs Act (DDA) 1952.
The court also ruled that Mawie failed to rebut the presumption on the balance of probabilities, or to cast reasonable doubt on the prosecution’s case by the various issues raised.
Before meting out the sentence, the court said it doesn’t believe that there was sufficient evidence to satisfy the condition under Section 39B(2A)(b) and (c) of the DDA 1952.
However, the court said as there was no evidence of buying and selling of the drugs at that time when Mawie was arrested, under Section 39B(2A)(a) of the DDA 1952, the court had exercised its discretion and sentenced Mawie to imprisonment for life which by virtue of Section 3 of the Criminal Justice Act 1953 means an imprisonment of 30 years to run from the date of the arrest and to be given 15 strokes of whipping.
Mawie was found guilty of trafficking 196.53gm of syabu at 8.45pm on Oct 1, 2018 at a house in Kg Liawan, Keningau.
He was convicted under Section 39B(1)(a) of the Dangerous Drugs Act carries the death sentence or imprisonment for life, and whipping of not less than 15 strokes if not sentenced to death, on conviction.
During mitigation, counsel Hamid Ismail who together with Counsel Dominic Ghani representing Mawie, asked for the sentence of imprisonment for life and whipping of not less than 15 strokes.
Hamid said it was Mawie’s first offence and he is from a poor family.
The prosecution had called five witnesses while only a witness had been called at the defence stage.
Deputy Public Prosecutor (DPP) Nur Faezah Jaffry stood in for DPP Ali Imran who conducted the prosecution.
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