Kota Kinabalu: A 49-year-old undocumented woman was sentenced to 30 years’ life imprisonment by the High Court here for trafficking 122.97gm of methamphetamine.
High Court Judge Datuk Ismail Brahim found Jainah Tatoh guilty of committing the offence at 11.45am on June 14, 2022, at the parking lot in front of Dewan Sri Rugading, Taman Sri Rugading, Tuaran.
Jainah, a trader, was convicted under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the death sentence or imprisonment for life and whipping not less than 15 strokes if not sentenced to death, on conviction.
Defence counsel Mohamad Syazwan Shah Mohamad Ali, representing Jainah together with counsel Nigel Neong Kaning applied to the Court not to impose the death penalty, but instead to sentence Jainah to life imprisonment.
Syazwan submitted that the drug weight, although exceeding the threshold under the Dangerous Drugs Act, was not excessive at only 122gm, adding that it was Jainah’s first offence.
“She is 49 years old and undocumented. Due to her status, she endured severe hardship in life. She is also suffering from breast cancer and is still undergoing treatment,” said Syazwan.
The counsel sought a life imprisonment of 20 years to begin from the date of arrest and requested that whipping not to be imposed on her, as she is a woman, pursuant to Section 289 of the Criminal Procedure Code.
Deputy Public Prosecutor (DPP) Dana Arabi Wazani urged the Court to impose a deterrent sentence.
DPP Dana submitted that Jainah stood convicted of trafficking a dangerous and highly addictive drug that continues to destroy lives, families, and communities.
“This offence ranks among the gravest under Malaysian criminal law and carries the maximum punishment prescribed under Section 39B(2).
“The quantity involved, 122.97 grams, is more than double the statutory threshold that triggers the presumption of trafficking. The amount clearly indicates a deliberate act of commercial trafficking rather than personal use.
“The potential street value underscores the gravity and far-reaching social harm caused. Methamphetamine trafficking remains a national scourge, particularly in Sabah, where drug-related arrests and seizures continue to rise alarmingly.
“This Court bears a vital responsibility to send a clear and unequivocal message that those who profit from the misery of others will face the full force of the law,” she said.
DPP Dana further said that while the Abolition of Mandatory Death Penalty Act 2023 now grants discretion to impose either death or life imprisonment with not less than 12 strokes, public interest and deterrence must remain paramount.
She added that although the death penalty is no longer mandatory, the severity of the offence and its aggravating features justified a sentence at the highest end of the permissible range, that is, life imprisonment for 30 years with 12 strokes of the cane.
DPP Dana further said that Jainah’s defence was a complete denial based on an unsubstantiated allegation of entrapment, which the Court rejected.
There was no evidence of coercion, duress, or mental incapability, she said, adding that, Jainah’s act of throwing the plastic bag when approached by police was inconsistent with innocence and indicated a clear consciousness of guilt.
“Moreover, she has shown no remorse, regret or acceptance of responsibility,” said DPP Dana.
Five prosecution’s witnesses and one defence witness testified throughout the trial.
The court ordered Jainah to be referred to the Immigration Department after serving her sentence.
