| Fadley Faisal |
THE Court of Appeal recently allowed the reduction of an imprisonment sentence handed to a Malaysian man on grounds put forward by the appellant’s lawyer that the sentences were high and should run concurrently.
The High Court sentenced Abdul Ghani bin Mohammad to six years’ imprisonment after he pleaded guilty to two charges of possession of, for the purpose of trafficking, 39.811 grammes of Methylamphetamine and 92.1064 grammes of Nimetazepam when he arrived with a friend, who ran away, at the Sungai Tujoh Checkpoint from Miri on September 12, 2012.
Narcotics Control Bureau agents had conducted a routine inspection and found the pills and crystalline substances.
In the appeal, Lawyer Daud Ismail submitted that the starting point taken into consideration was too high and as agreed by the Justices of the Court of Appeal, the starting point was almost the maximum permitted.
So the five years’ jail imposed on the first charge was revised to three-years and four months.
The Court of Appeal also ordered for the one year imprisonment on the second charge imposed to run concurrently as the Appellate Court said the offences unfolded in one transaction as the two different types of drugs were found in one package and the ‘one transaction’ rule was met in many respects.
DPP Suriana Radin appeared for the respondent. The appellant was represented by Defence Counsel Haji Daud Ismail.