Christopher Benard a/l Antonisamy v Public Prosecutor

Appellant(s): Christopher Benard A/L Antonisamy

Respondent(s): Pendakwa Raya

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Datuk Noorin binti Badaruddin

• The appellant was initially convicted by the High Court for trafficking 305.4 grams of methamphetamine and sentenced to life imprisonment with twelve strokes of the cane.
• During the appeal, the prosecution did not pursue the trafficking charge, instead seeking a conviction for possession under Section 12(2) of the Dangerous Drugs Act 1952 (DDA 1952).
• The Court of Appeal set aside the High Court's conviction and sentence, found the appellant guilty of possession, and imposed a sentence of twelve years imprisonment and ten strokes of the cane; the current appeal is solely against this substituted sentence.

• The primary issue for the Court was to determine the appropriate sentence for the offence of possession of dangerous drugs under Section 12(2) DDA 1952, punishable under Section 39A(2) of the same Act.
• The Court had to consider various sentencing principles, including the need to reflect society's abhorrence of drug crimes, deterrence (both specific and general), and the rehabilitative aspect of punishment.
• A key consideration was to ensure the sentence aligned with established sentencing trends for similar drug possession cases, while also taking into account the appellant's status as a first-time offender.

• The Court affirmed that the punishment must convey society's strong disapproval of drug abuse and serve as a deterrent to both the appellant and the public.
• While noting that the prevailing sentencing trend for similar cases was towards more than 15 years imprisonment, the Court also considered the appellant's status as a first-time offender.
• The Court sentenced the appellant to twelve years imprisonment, commencing from the date of arrest, along with ten strokes of the whip, which is the minimum number of strokes required under Section 39A(2) DDA 1952.