Pendakwa Raya v Muhamad Azwan Zakaria

Appellant(s): Pendakwa Raya

Respondent(s): Muhamad Azwan Bin Zakaria

• YA Dato' Azmi Bin Ariffin
• YA Datuk Hayatul Akmal binti Abdul Aziz
• YA Datuk Meor Hashimi bin Abdul Hamid

• The respondent was charged under Section 15(1)(a) of the Dangerous Drugs Act 1952 (DDA), punishable under Section 39C(1)(b) DDA, for drug abuse, having two prior convictions for similar offences.
• The Sessions Court sentenced the respondent to 60 months imprisonment from the date of conviction, 1 stroke of the cane, and 2 years police supervision after he pleaded guilty.
• The High Court, on appeal, varied the sentence by ordering the imprisonment to commence from the date the pathology report was issued (26 July 2023), rather than the date of conviction (26 August 2024), while upholding the other parts of the sentence.

• Whether the High Court erred in varying the commencement date of the imprisonment sentence from the date of conviction to an earlier date (date of pathology report).
• Whether such a variation by the High Court contravened Section 282(d) and Section 292 of the Criminal Procedure Code (CPC).
• Whether the High Court improperly interfered with the Public Prosecutor's discretionary power to institute criminal proceedings under Article 145(3) of the Federal Constitution and Section 376(1) of the Criminal Procedure Code.

• The Court of Appeal unanimously allowed the appeal, finding merit in the arguments presented by the appellant.
• The Court held that the High Court's decision to backdate the imprisonment sentence to the date of the pathology report was contrary to Section 282(d) and Section 292 of the Criminal Procedure Code.
• The Court further ruled that the High Court had erred by questioning the prosecution's delay in initiating proceedings, as the discretion to institute criminal proceedings is vested solely in the Public Prosecutor under Article 145(3) of the Federal Constitution and Section 376(1) of the Criminal Procedure Code, and cannot be challenged by the Court.