Malaysia
Federal Court dismisses man’s appeal for caning sentence to be served concurrently
The Federal Court denied a former deliverymans appeal to have his sentence of 10 strokes of the cane for two counts of drug possession to be served concurrently. — Reuters file pic

PUTRAJAYA, Dec 18 — A former deliveryman today failed in his appeal in the Federal Court to have his sentence of 10 strokes of the cane for two counts of drug possession to be served concurrently.

The three-member panel chaired by Judge Datuk Seri Hasnah Mohammed Hashim unanimously dismissed Mohammad Syukran Ramli’s appeal and upheld the panel’s earlier decision for the 10 strokes to be carried out separately for each count.

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This means Mohammad Syukran will receive a total of 20 strokes.

"The court finds that there is no reason for the court to exercise discretionary power to allow the caning sentence to run concurrently. Therefore, the appellant’s appeal is dismissed,” Hasnah, who sat along with Judges Datuk Mary Lim Thiam Suan and Datuk Abu Bakar Jais on the panel, said.

On Nov 21, the panel handed down a 10-year prison sentence and 10 strokes of the cane on Mohammad Syukran for two drug possession charges after replacing the death sentence following representations made by the man to the Attorney-General’s Chambers.

Mohammad Syukran was charged with two counts of possessing heroin and monoacetylmorphines weighing 22.0 grammes and 76.61 grammes of methamphetamine in front of the Telemong Police Station, in Bentong, Pahang at 10.45pm on April 5, 2018.

He was charged under Section 12(2) of the Dangerous Drugs Act 1952, punishable under Section 39A(2) of the same act, which carries a penalty of life imprisonment or not less than five years and also can be subjected to not less than 10 strokes of the cane.

The court ordered the man to serve the prison sentence concurrently from the date of his arrest on April 5, 2018, while the caning sentence was to be carried out separately.

On Aug 12, 2020, Mohammad Syukran was sentenced to death by the Temerloh High Court after being found guilty of drug trafficking under Section 39B(1)(a) of the Dangerous Drugs Act, and the conviction and sentence were upheld by the Court of Appeal on Aug 29, 2022.

Earlier, Deputy Public Prosecutor Datin Asmah Musa, who applied for the caning sentence to be carried out separately, said the sentence would send a deterrent message to offenders and prevent them from repeating the same offence in the future. — Bernama

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