No mandatory death penalty for traffickers under drug law amendment


Asila Jalil

The amendment to the Dangerous Drugs Act 1952 tabled by Minister in the Prime Minister's Department Azalina Othman will allow courts to sentence drug traffickers to life imprisonment instead of the mandatory death penalty. – EPA pic, November 23, 2017.

PUTRAJAYA has tabled an amendment to the Dangerous Drugs Act 1952 which will allow courts to sentence drug traffickers to life imprisonment instead of the mandatory death penalty.

Minister in the Prime Minister’s Department Azalina Othman tabled the amendment for its first reading in the Dewan Rakyat today.

In October, the Attorney-General’s Chambers said they were ready to present to Parliament the draft bill to amend the Dangerous Drug (Bill) 2017 prescribing mandatory capital punishment for drug traffickers.

Attorney-General Mohamed Apandi Ali had said the amendment would allow judges to exercise discretion in meting out the mandatory death sentence. 

However, not every individual convicted of drug trafficking will be granted an exemption from the death penalty.

Apandi said the draft amendments included guidelines for the judge to decide which offender would be granted the privilege of the judge’s discretionary powers over the death sentence.

Among the circumstances that the court would consider is if there is lack of evidence showing that the buying and selling of a dangerous drug occurred at the time of arrest.

“In putting forward the idea (of letting the judge decide), we have also identified the offenders who deserve the death sentence and those who do not.

“People reading news reports about drug arrests assume that all who are caught are sentenced to death.

“But it is only those who are distributing and making a profit from drugs who will get the death sentence,” Apandi had previously said. – November 23, 2017.


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