Kota Kinabalu: The High Court here fixed May 27 this year for e-review the appeal by a 39-year-old father, against the sentence imposed on him for taking syabu repeatedly.
Judge Datuk Celestina Stuel Galid set the date for Mohd Afifi Nanun after being informed by the prosecution that the record of appeal had not been served.
Mohd Hafifi had appealed against the sentence of eight years’ imprisonment and three months plus three strokes of the cane which meted out by the Sessions Court after he was found guilty of the charge.
In March this year, Mohd Afifi was convicted of taking the drug at 4.10pm on Dec 27, 2023 after his urine was tested positive for drug and he had one conviction record under Section 39C(1) of the Dangerous Drugs Act (DDA) for having several convictions for taking drugs.
The Sessions Court Judge ruled that the prosecution had proven its case beyond reasonable doubt against Mohd Afifi and convicted him under Section 39C(2) of DDA and read together with Section 39B of DDA.
The punishment under the Section provides for a jail term of between seven and 13 years, and whipping at least three stroke, on conviction.
The prosecution had called five witnesses and only one defence witness testified during the hearing.
Mohd Hafifi was ordered to serve the jail sentence from the date of his arrest on Dec 27, 2023 and after completing the jail sentence, the court also ordered him to be placed under police supervision for three years.
During the proceedings, Mohd Hafifi told the court that he did not have a counsel but had applied for the counsel from the National Legal Aid Foundation (YBGK).
Deputy Public Prosecutor Dana Arabi Wazani appeared for the respondent while Mohd Hafifi was not represented.
