SIBU: A 27-year-old unemployed man was found guilty by the High Court here on Friday (Oct 25) for drug trafficking and sentenced to 30 years in prison.
In addition, Justice Wong Siong Tung ordered Iqhwan Syahmie Mohamad to receive 12 strokes of the cane.
He was charged with trafficking 2,206g of cannabis on Jan 4 last year at around 11.30am at a house in Permai Jaya, committing an offence under Section 39B(1)(A) of the Dangerous Drugs Act 1952 and punishable under subsection 39B(2) of the same Act.
Justice Wong stated that the prosecution had sufficiently proven the quantity and weight of the drugs seized, supported by witness testimonies.
After considering submissions from the accused’s counsel and the Deputy Public Prosecutor (DPP), along with the mitigating and aggravating factors and public interest, Justice Wong sentenced the accused to life imprisonment, defined as 30 years under Section 3 of the Criminal Justice Act 1953, with 12 strokes of the cane.
He directed that the prison sentence would commence from the date of the accused’s arrest on Jan 4, 2023.
Earlier, in presenting aggravating factors, DPP Mark Kenneth Netto stressed the importance of public interest.
He argued that it outweighed the personal circumstances of the accused, noting that public funds to combat drug-related crimes, such as those of the Royal Malaysia Police, are at an all-time high.
DPP Mark said the accused’s drug trafficking had severely affected the fabric of society and the community he lived in, tearing families apart and hindering the prospects of those who became addicted, often resulting in unemployment.
He highlighted that drug trafficking activities like those of the accused lead to a rise in other crimes, such as housebreaking, domestic violence, and robbery.
“The lives of drug addicts are often taken over and eventually lost as a result of addiction,” DPP Mark added, stating that if the accused sought leniency as a family man, he must consider the families destroyed by the drugs he supplied.
“The accused was convicted of trafficking in a significant quantity of drugs (i.e., 2,206g of cannabis), which is 11 times more than the minimum statutory amount for cannabis trafficking.
“His motivation was for profit and to fuel his addiction. No credit for remorse should be given as he did not plead guilty but maintained his innocence and sought a full trial,” he said.
“The accused’s trial not only incurred high costs for the public but also occupied valuable judicial time. In seeking acquittal, the accused challenged the credibility of the Royal Malaysia Police, especially the arresting officer, Insp Kalidasan Prasad. Today’s judgment is a vindication for Insp Kalidasan and other law enforcement officers involved in the case.”
DPP Mark also noted that the accused had not cooperated with law enforcement to help disrupt drug trafficking activities.
Describing the accused as a “hardened career criminal,” he pointed out the accused’s record of previous convictions for drug-related crimes, certified by the Sibu Court Assistant Registrar. This history, he argued, made it unlikely that any prison term could rehabilitate him.
“The accused’s background during mitigation did not suggest that he was forced into a life of crime. He did not claim he came from a violent or broken home or grew up influenced by drugs. His decision to be involved in drugs was deliberate, not clouded by circumstances.”
“The sentence imposed must serve as a general deterrent to drug-related activities and send a strong message to potential offenders against drug trafficking,” DPP Mark concluded.
A total of eight prosecution witnesses testified against the accused, who was represented by legal counsels Augustine Liom and Leong Lu Fei.
