[420 Girl]

KUANTAN: The High Court here ordered a van driver to be jailed 12 years and given 10 strokes of the rotan for having in his possession 806.37gm of cannabis.

Shamsukahar Omar, 43, pleaded guilty to an alternative charge of drug possesion committed at a house at Lot 1/1218, Kampung Baru Chengal Lempong in Balok here at about 1.30am on March 7, 2007.

He was charged under Section 6 of the Drug Dangerous Act 1952 and sentenced under Section 39A (2) of the same Act that carries a life sentence and a whipping of no fewer than 10 strokes.

Initially, Shamsukahar was charged under Section 39B of the Act, which carries the death penalty.

He was arrested earlier on March 6, 2007 for the initial offence.

Judicial Commissioner Mariana Yahya ordered Shamsukahar’s jail sentence to start from the date of arrest.

In her judgement, she said the sentence imposed on Shamsukahar was not meant to penalise but to rehabilitate him.

“The accused must feel remorse at his deeds and not return to drug-related habits which not only bring about adverse effects on him but also to his family and the country.

“You are also fortunate to escape the gallows,” she told the accused.

In mitigation, Shamsukahar’s counsel Bob Arumugam asked for a lighter sentence as his client had pleaded guilty and had a wife and three children, aged between seven and 12.

Deputy Public Prosecutor Ahmad Fadhli Mahmud, however, asked the court to hand down a deterrent sentence that would serve as a lesson for others to not to get involved in drugs.


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