KOTA KINABALU: A 33-year-old man was slapped with 14 years’ jail plus 13 strokes of the cane for three charges of possessing drugs.
High Court judge Datuk Nurchaya Hj Arshad passed the sentence on Tan Chilk Hau @ Calvin Tan after he was found guilty on all the charges under the Dangerous Drugs Act 1952.
In delivering her decision, the judge said the defence had failed to raise a reasonable doubt on the prosecution’s case.
Therefore, the prosecution had proven its case beyond reasonable doubt against the accused on the three charges.
In the first charge, Tan was sentenced to four years’ jail and a RM100,000 fine, in default, one year’s jail for possessing 238.3 grams of ketamine at the lobby of an apartment along Jalan Kepayan Kobusak, Penampang at 3.30pm on September 18, 2014.
The offence was framed under Section 12 (2)of the Act and punishable under Section 39A (1) of the same Act.
On the second charge, he received another seven years’ jail and 10 strokes of whipping for possessing 97.45 grams of cannabis at the same place and time.
The offence was charged under Section 6 of the Act and read together under Section 39A (2)(h) of the same Act.
He was given another three years’ jail plus three strokes of the cane for the third charge of possessing 15.6 grams of ecstasy at the same place and time.
The charge was under Section 12 (2) of the Act and read together under Section 39A (1)(x) of the same Act.
The judge also ordered Tan to have his total imprisonment to run concurrently from his date of arrest.
In mitigation, counsel Nelson Anggang told the court that his client was self-employed and lived with his 55-year-old mother in an apartment.
He said the mother had moved out from the apartment since Tan was arrested and currently Tan did not know of her whereabouts.
Thus, he prayed for the court to impose a low jail sentence with minimum whipping against his client.
In reply, deputy public prosecutor Wan Farrah Farriza Wan Ghazali requested for a deterrent sentence to be imposed on the accused on the grounds of the rampancy and seriousness of the offence, which involved drugs.
She said the case involved more than one type of drugs and the court should take into consideration public interest.
A deterrent sentence was to send a message to the public not to do a similar offence, she added.
Meanwhile, in another court, a man was fined and another two persons were jailed over syabu possession.
Magistrate Stephanie Sherron Abbie imposed the sentences on Mohd Fadli Nordin, Ester Jumana and Munirah Salleh after they pleaded guilty to each of their charges under Section 12 (1) of the Dangerous Drugs Act 1952 and punishable under Section 12 (3) of the same Act.
The indictment provides for a maximum fine of RM100,000 or a jail term of up to five years, or both, upon conviction.
Mohd Fadli was fined RM5,500, in default, 16 months’ jail for possessing 0.07 gram of syabu at Kampung Padas here on February 26.
Ester and Munirah were jailed 20 months and 14 months for possessing 2.2 grams and 0.1 gram of syabu in Penampang and Sadong Jaya here on February 4 and 8, respectively.