Nur Azmuddin bin Md Noor v Pendakwa Raya

Appellant(s): Nur Azmuddin Bin Md Noor

Respondent(s):

• Pendakwa Raya
• [Timbalan Pendakwa Raya]

• YA Dato' Paduka Azman Bin Abdullah
• YA Dato' Ahmad Fairuz bin Zainol Abidin
• YA Datuk Hayatul Akmal binti Abdul Aziz

• The appellant and his wife were jointly charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA) for trafficking 113.201 kilograms of Cannabis.
• Following a plea bargain arrangement, the appellant pleaded guilty to the charge, which resulted in the prosecution withdrawing the charge against his wife, who was subsequently discharged and acquitted.
• The High Court sentenced the appellant to life imprisonment and 15 strokes of the rotan; the appellant appealed to the Court of Appeal solely against the severity of the sentence.

• Whether the appellant’s guilty plea was entered voluntarily with full understanding of the nature and consequences of the plea.
• Whether the sentence of 15 strokes of the rotan imposed by the High Court was excessive, given the circumstances of the case and the appellant's status as a first-time offender.
• Whether the Court of Appeal should exercise its discretion to reduce the number of strokes of the rotan to the statutory minimum.

• The Court of Appeal affirmed that the conviction was sound, noting that the appellant had been properly advised by counsel and had fully understood the implications of his guilty plea, which had directly benefited his wife.
• The Court of Appeal allowed the appeal in part, specifically reducing the number of strokes of the rotan from 15 to the statutory minimum of 12.
• The Court of Appeal maintained the sentence of life imprisonment, noting that the quantity of drugs involved (113.201 kg) significantly exceeded the threshold for trafficking, and found no basis to further interfere with the custodial sentence.