KOTA KINABALU: A Filipino was yesterday jailed 10 years and given 10 strokes of the cane for possessing 195.9 grammes of cannabis two years ago.
OFF TO JAIL: Rena (centre) outside the courtroom with his counsel Hamid after the proceedings yesterday.
High Court Deputy Registrar Zaini Fishir@Fisal, who sat as a Sessions Court judge imposed the sentence on Rena Hassan for committing the offence at a temporary car park behind the Karamunsing complex here at 4.32pm on Sept 18, 2008.
The accused, who is a fisherman, pleaded guilty to the charge under Section 6 of the Dangerous Drugs Act 1952, punishable under Section 39A (2) (f) of the same Act, which provides a sentence of between five years and imprisonment for life and a minimum of 10 whippings, upon conviction.
In passing sentence, Zaini ordered Rena’s jail term to start from the date of his arrest on Sept 18, 2008 and to be referred to the Immigration Department after coming out from jail.
Deputy Public Prosecutor Nartiah F Mirchelle Sambatan told the court that Rena was arrested by the police for failing to produce any identification card.
At that time, Rena was holding a black plastic bag in his right hand and holding a toddler with his left hand.
The police then checked his plastic bag and found cannabis inside, Nartiah added.
In mitigation yesterday Rena, who was defended by counsel Hamid Ismail, pleaded for a lighter sentence as he felt remorseful and regretted for committing his crime adding that this was his first offence.
However, Nartiah pressed for a heavy sentence and for Rena to be referred to the Immigration Department for not having a valid travel document.
Rena had on Sept 3, last year pleaded guilty to the same charge and was sentenced to 10 years’ jail and 10 strokes of the cane by Sessions Court judge Ismail Brahim.
However, on Jan 21 this year, High Court Judicial Commissioner Stephen Chung allowed Rena’s appeal and set aside his conviction and sentence.
He also referred the case to the Sessions Court for Rena to enter a fresh plea to the charge.
When his case came up before Zaini yesterday, Rena pleaded guilty to the same indictment.