KOTA KINABALU: A 51-year-old man escaped the gallows and was instead sentenced to eight years in jail with no whipping under an alternative charge for possessing 54.82 grams of syabu, at the High Court here yesterday.
Justice Chew Soo Ho meted out the sentence to Hamidun Awis who pleaded guilty to the alternative charge offered by the prosecution, led by deputy public prosecutor Afzan Abd Kahar during his trial here yesterday.
Hamidun was initially charged under Section 12 of the Dangerous Drugs Act 1952, and punishable under Section 39B of the same Act which is punishable with death.
The prosecution decided to offer an alternative charge under Section 39A (2) (r) of the same Act which provides for minimum five years in jail, and liable to whipping upon conviction after receiving a representation letter from the accused on July 24 this year.
In his ruling, Chew remarked that drug possession is a rampant offence and the seriousness of the offence towards the public, particularly the young generation, cannot be ignored.
He highlighted the need to balance public interest with the mitigating factor of the accused having pleaded guilty.
Chew also took into account that the accused is a first-time offender for drug possession and did not mete out a punishment of whipping under Section 289 of the Criminal Procedure Code because of the accused’s old age.
Earlier, Hamidun admitted to possessing the drugs near a mosque in Kampung Cenderamata 2, Likas, on April 11, 2012.
The accused, defended by counsel PJ Pereira, mitigated on the grounds that Hamidun, as a first-time offender, is remorseful and repented of his actions.
In reply, Afzan urged the court for a long-term sentence for the purpose of deterrence, rehabilitation and retribution for the accused and highlighted his previous conviction record for drug use dated June, 2005.