PUTRAJAYA, Dec 18 — A former deliveryman failed in his appeal in the Federal Court today 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.
This means he will receive a total of 20 strokes.
“The court finds there is no reason to exercise discretionary power to allow the caning sentence to run concurrently. Therefore, the appellant's appeal is dismissed,” said Hasnah, who sat along with Judges Datuk Mary Lim Thiam Suan and Datuk Abu Bakar Jais on the panel.
On November 21, the panel handed down a 10-year prison sentence and 10 strokes of the cane on Syukran for two drug possession charges after replacing the death sentence following representations made by the man to the Attorney-General's Chambers.
He was charged with two counts of possessing heroin and monoacetylmorphine weighing 22.0 g and 76.61 g of methamphetamine in front of the Telemong Police Station in Bentong, Pahang, at 10.45pm on April 5, 2018.
Syukran 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 subjected to not less than 10 strokes of the cane.
The court ordered him 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 August 12, 2020, 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 Court of Appeal upheld the conviction and sentence on August 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
