Kota Kinabalu: A 45-year-old man, who has two conviction records of taking drugs, was on Thursday sentenced to five years’ jail and ordered given one stroke of the cane for taking the drugs the third time.
Abdul Wahab Jumat pleaded guilty before Sessions Court Judge Noor Hafizah Mohd Salim for taking syabu at 1.30pm on July 1, 2020 here.
Wahab was charged under Section 15(1)(a) of the Dangerous Drugs Act (DDA) 1952 read with Section 39C (1)(b) of the same Act because he had two conviction records for similar offence in 2015 and 2018.
He had committed an offence under Section 39C (1) of the DDA which carries a jail term of between five and seven years and whipping not less than three times and to be placed under police supervision for not more than three years, on conviction. In Thursday's proceedings, the court also showed Wahab, a bottle of his urine sample that was taken on July 1 last year, which stated his personal details.
Wahab had previously requested to see the bottle of his urine sample.
He recognised it and confirmed to the court that the bottle containing urine sample was from him.
Wahab who was not represented, requested for a lenient sentence adding that he was taking care of his mother.
Deputy Public Prosecutor Megat Mahathir Megat Tharih Affendy applied for a deterrent sentence on the grounds that Wahab was a habitual offender.
The court ordered Wahab to serve the jail term from the date of his arrest and be placed on a police supervision for two years thereafter.
In another case, a 23-year-old man was freed by the Magistrate's Court from a charge of having 8.65gm of cannabis without his defence being called.
Dick Lai was discharged and acquitted by Magistrate Stephanie Sherron Abbie, who ruled that the prosecution failed to prove a prima facie agaisnt him.
Lai was accused of having the drugs at 12.20pm on July 21, 2019 at a house in Taman Puluduk in Penampang.
The charge under Section 6 of the Dangerous Drugs Act 1952 provides for a fine of up to RM20,000 or up to five years or both on conviction.
Three prosecution witnesses were called in the trial at the prosecution's stage. Lai was represented by counsel Azhier Farhan.
