19yo escapes gallows, gets sent to Henry Gurney School for drug offence instead

The court complex in Kuching.

By Dorcas Ting

KUCHING, May 10: A 19-year-old teenage boy escaped the gallows after the prosecution agreed to reduce the charge from trafficking syabu to possessing syabu.

The teenager pleaded guilty to the charge framed under Section 12(2) of the Dangerous Drugs Act 1952 and punishable under Subsection 39A(2) of the same Act, which carries a sentence of imprisonment between 5 years to life imprisonment and whipping of not less than 10 strokes upon conviction.


High Court Judge Alexander Siew How Wai today convicted the accused as charged and sentenced him to be sent to Henry Gurney School until he reaches 21-years-old.

The accused was charged with committing the crime at the roadside of Sempadi 3 Palm Oil field near Kampung Bitokan, Lundu, at about 4.10am on June 1, 2021.

According to the brief facts of the case, a team of police from the General Operations Force was patrolling at the scene and was following a car driven by the accused.

The police personnel proceeded to inspect the car after they saw it stop near a security guard house.

Upon checking, they found a bag containing 11 transparent plastic packets and 92 red plastic packets which contained a crystallized substance believed to be syabu, RM417 in cash, and a cellphone.

A chemist’s report confirmed that the crystallized substance found in the bag was 76.57 grams of methamphetamine.

On January 18, 2023, the accused was charged under Section 39B of the Dangerous Drugs Act 1952, which carries a death sentence or life imprisonment and whipping of not less than 15 times.

On August 11, 2022, and November 10, 2022, the defendant made two representations at Kuching High Court. Today the prosecution agreed to reduce the charge and charged the accused with an alternative charge under Section 39A(2) of the same Act.

Deputy Public Prosecutor Yong Suk Hui prosecuted, while the accused was represented by counsels Timothius Ngau Wan and Francis Teron Kadap. — DayakDaily