SIBU: Kapit Sessions Court on Wednesday sentenced a logging worker to six years behind bars plus two strokes of the cane for repeated drug abuse.
Judge Musyiri Peet meted out the sentence after finding Bernard Chu Shieh Chern, 35, of Jalan Airport, Kapit, guilty of the offence after a full trial.
Further to that, pursuant to Section 38B of the Dangerous Drugs Act 1952, the accused is to be placed under police supervision for three years upon release.
Earlier on, Judge Musyiri pointed out that the defence has failed to rebut the presumption under Section 37(k) of the Dangerous Drugs Act 1952, thus the presumption remains unrebutted and stands against the accused.
“As such, this court ruled out that the prosecution has succeeded in proving the case beyond reasonable doubt against the accused. The accused is hereby found guilty and convict with the charge,” he added.
Prior to passing sentence, Deputy Public Prosecutor (DPP) Cynthia Emmelda Jerry urged the Court to pass a deterrent sentence as the interest of the public was of paramount consideration and it superseded the interest of the accused as mentioned during his mitigation.
She also pointed out that the accused is a habitual offender when it comes to drug consumption offences.
No credit for remorse, she asserted, ought to be given to the accused as he had not pleaded guilty at first instance.
Stating that he maintained his innocence and sought for a full trial, his trial not only incurred huge cost to the public but it also took up precious judicial time of the Court.
“The accused’s drug addiction ruined the fabric of society and the community that he lived in it, amongst other things, encouraged the supply of dangerous drugs and this ruined the prospects of drug addicts, and the motivation behind his crime was to fuel his own addiction,” the DPP added.
