SIBU: The High Court here today convicted a 44-year-old man of drug trafficking and sentenced him to life imprisonment and 12 strokes of the cane.
Justice Wong Siong Tung found Jeffry from Balingian guilty of the offence after a full trial.
The charge against him stated that he trafficked dangerous drug of methamphetamine (MDMA) weighing72.52 grams at the parking area at Lorong Tun Ahmad Zaidi on Nov 26, 2022 at about 3.00 pm.
Thereby, he had committed an offence under Section 39B(1)(A) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act which provided for a death penalty or life imprisonment and if not sentenced to death, be punishable with whipping of not less than 12 strokes, upon conviction.
In his ruling, Justice Wong, after having carefully considered the totality of the evidence adduced by both the prosecution and the defence, said the court was satisfied that the prosecution had proved beyond reasonable doubt all the essential elements of the offence with which the accused was charged.
He noted that the accused had failed to rebut the statutory presumption of trafficking on a balance of probabilities and failed to raise any reasonable doubt in the prosecution’s case.
Having considered the submission of the accused’s counsel and the prosecution, having weighed all relevant mitigating and aggravating factors, the totality of the circumstances of the case, particularly the amount of drugs involved and the paramount consideration of public interest, he sentenced the accused to life imprisonment together with 12 strokes of whipping.
He ordered the imprisonment to run from the date of the accused’s arrest on Nov 26, 2022.
Earlier on, prior to passing the sentence, the prosecution, represented by DPP Mark Kenneth Netto, put forward aggravating factors that the interest of the public was of paramount consideration.
He stressed that it superseded the personal interest of the accused, as mentioned during his mitigation.
He pointed out that the dangerous drugs trafficked was 72.52 grammes of methamphetamine, a quantity far exceeding the statutory threshold for trafficking.
MDMA, according to Mark, was a highly addictive and destructive drug, associated with severe physical, psychological and social consequences.
He said such a quantity would potentially supply numerous end-users, multiplying the harm to society.
Noting that the accused’s acts of trafficking posed a grave threat to public health and safety, particularly within the local community in Sibu and potentially Sarawak as a whole, Mark stressed that this put the degree of harm as a result of the accused’s acts at a high level that warranted the imposition of a heavy sentence.
He also stated that the accused’s offence involved prior negotiations, movement between locations, use of a private vehicle, and division of roles between the accomplices.
This, he added, was not a spontaneous act but a premeditated and coordinated operation, aggravating the accused’s culpability.
Upon being approached by the police, he noted that the accused appeared nervous and attempted to push away the raiding officer, Insp Kalidasan Prasaid, in an apparent attempt to escape.
On the need for strong deterrence, Mark pointed out that the drug trafficking remained a serious and prevalent problem in Sarawak.
Thus, he called for a severe sentence to serve as a general deterrence, to discourage others from engaging in similar conduct and specific deterrence, to prevent the accused from re-offending.
“No credit ought to be given to the accused in this case as he had not pleaded guilty at first instance. He maintained his innocence and sought for a full trial.
“A total of 15 witnesses were called in this trial (10 prosecution witnesses) and five defence witnesses). This trial commenced on Sept 23, 2024 and was prolonged till today.
“The accused’s trial not only incurred huge cost to the public but it also took up precious judicial time of this Honorable Court. Extra police personnel had to be placed in court for this trial.
“During his mitigation, the accused did not suggest that he was forced into a life of crime and did not claim he was from a violent or broken home or that he grew up being influenced by drug.
“His judgement was not clouded when he decided to get involved in drugs. It was deliberate.
“Drug cases in Sarawak have now reached epidemic proportions. The costs incurred by the public for the Royal Malaysian Police (PDRM) to combat narcotic related crimes are at an all-time high.
“Drug trafficking offences strike at the heart of public order and undermine law enforcement efforts.
“The accused’s conduct necessitated a full-scale operation, illustrating the resources expended and time invested by the PDRM to combat his criminal acts. He did not give any assistance to any law enforcement agency to help it disrupt any drug trafficking activities,” Mark said.
Pointing to the totality of the evidence and the aggravating factors established, he explained this was a case that fell at the highest end of seriousness.
The accused, he further stated, had also failed to advance any mitigation of sufficient weight to significantly reduce his culpability.
When the aggravating factors were weighed against the limited mitigation advanced, Mark submitted that the scale tipped decisively in favour of the severest sentence permitted by the law.
“This is a case that warrants a sentence that reflects society ‘s utmost condemnation, protects the public and serves the objectives of punishment and deterrence.
“Accordingly, the prosecution respectfully submits that the death penalty remains appropriate and proportionate sentence in the circumstances of this case, and invites this Honorable Court to find so,” he added.
