Justice Hasnah Hashim, who led a three-member bench, said the apex court would not exercise its discretion to grant Syukran Ramli, 28, the relief sought.
“There is no reason to apply it to the whipping sentence. We order it to run consecutively,” said Hasnah, who sat with Justices Mary Lim and Abu Bakar Jais.
Previously, on Nov 21, defence lawyer Amirul Jamaluddin had informed the bench that the Attorney-General’s Chambers (AGC) had accepted representations filed on Syukran’s behalf and agreed to reduce the charges he was facing from drug trafficking to possession.
That led to him pleading guilty to one count of possessing 18.9g of monoacetylmorphines and 3.1g of heroin in front of the Telemong police station in Karak in the Bentong district on April 5, 2018.
He also pleaded guilty to a second charge of being in possession of 76.61g of methamphetamine on the same day and at the same location.
The Federal Court then convicted Syukran on both charges and sentenced him to 10 years in jail and 10 lashes for each offence, with the prison terms to run concurrently and backdated to April 5, 2018.
Amirul then asked the Federal Court to also consider ordering the whipping sentence to be executed concurrently.
Following the request, both the prosecution and defence were given time to file written submissions to assist the bench in coming to its decision.
Earlier today, Amirul said that Brunei, which has a similar criminal justice system, allows whipping sentences to be executed concurrently.
However, deputy public prosecutor Asmah Musa said Syukran should receive the full brunt of his whipping sentence on both charges as drug possession is a serious offence.
“This mode of punishment must serve as a deterrent to the public and to the appellant,” said Asmah, who was assisted by Tetralina Ahmad Fauzi.
She also said the expectation of society is that the full whipping sentence be imposed as retribution for the harm caused by Syukran.
Asmah said a convicted person could be spared the whipping punishment under regulation 134 of the Prison Regulations 2000.
“It says that at any time after the infliction of the corporal punishment has commenced, a medical officer can order that it be discontinued to prevent injury to the prisoner’s health,” she said.
The offence carries a jail term of between five and 30 years and a mandatory minimum 10-stroke whipping.