Repeat drug offender loses bid to appeal for sentence dismissal

SIBU: A father of four failed in his bid at the High Court here today (Aug 15) to reduce the sentence of 12 months imprisonment imposed on him by a lower court for drug abuse.

Nasir Fandi, 39, from Betong, was earlier sentenced to 12 months imprisonment by the Magistrates’ Court  after pleaded guilty to the charge of administering himself dangerous drug of Amphetamine and Methamphetamine, an offence punishable under Section 15 (1) (a) of the Dangerous Drugs Act 1952 (Act 234).

The incident took place at Jalan Mahkamah, Bintangor, in the District of Meradong, at about 1.25 pm on Sept 19 last year. Dissatisfied with the earlier sentence, the appellant filed an appeal.

Represented by legal counsel, Law Lee Wee, Nasir submitted that the sentence imposed by the learned Magistrate in the circumstance of the case was manifestly harsh and excessive.

That the sentence imposed is against the sentencing principle and the learned magistrate has erred in taking into consideration of his previous convictions which were not of a similar nature as the one with which he was presently charged, while assessing the sentence.

In his submission, Deputy Public Prosecutor (DPP), Mark Kenneth Netto who represented the respondent, urged to consider that there was a link between the unrelated offences and the current sentence which the appellant was appealing against.

He argued that the appellant has no remorse and is a menace to society.

“Hence, a stiffer punishment should be imposed to send a strong signal to other would be offender not to commit such crimes,” Mark asserted.

In his ruling, Justice Wong Siong Tung pointed out regarding the accused’s previous offences committed, it seemed to demonstrate that all the previous imprisonment sentence have no deterrent effect and with no rehabilitative impact.

“This court is not persuaded that the imprisonment sentence imposed by the learned Magistrate is manifestly harsh and excessive.  In the premises, the appeal is dismissed.  Full grounds will be given in the event of an appeal,” Judge Wong added.