Embal, however, was spared the whip due to his age at over 50.
Kota Kinabalu: A 52-year-old Filipino was sentenced to eight years in jail by the Sessions Court here Wednesday for having 34.73 gm syabu.
Embal Majinding whose case came up for trial, changed his plea to guilty to the charge before Judge Azreena Aziz.
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Embal admitted to having the drugs at 11.40am on Nov 13, 2021 by the roadside of Jalan Sepanggar, Manggatal.
The charge under Section 12(2) of the Dangerous Drugs Act 1952 is punishable under Section 39A(2)(r) of the same Act which carries life imprisonment or a jail term of not less than five years and whipping not less than 10 strokes, on conviction.
Embal, however, was spared the whip due to his age at over 50.
Earlier, Embal who was not represented requested a lenient sentence to be run from the date of his arrest as he was old and feared he might have time to see his ageing mother.
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Deputy Public Prosecutor DK Afiqah Alya PG Johari applied a deterrent sentence and referred Embal to the Immigration Department as he has no documents.
The court ordered Embal to serve the sentence from the date of his arrest and referred him to the Immigration Department thereafter.
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Meanwhile, a 40-year-old Filipino was jailed 10 months and ordered two lashes of the cane for staying in the State illegally.
High Court Deputy Registrar Dana Arabi Wazani, who sat as Sessions Court judge, meted out the sentence to Mazlan Abdullah after finding him guilty of the charge.
Unemployed Mazlan committed the offence at 11.20am on March 21, this year at Kota Marudu town.
The offence under Section 6(1)(c) of the Immigration Act 1959/1963 provides for a jail term of up to five years, or a fine of up to RM10,000, and whipping, on conviction.
Mazlan, who was not represented, was convicted after two prosecution witnesses and one defence witness (Mazlan) testified.
Azreena ordered Mazlan to serve the sentence from the date of his conviction and referred to the Immigration Department after serving his sentence.
Immigration Department’s Prosecuting Officer Chin Tze Mee prosecuted.
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