Azalina explains proposal to abolish mandatory death sentence for drug offences

KUALA LUMPUR: The government proposal to abolish the mandatory death sentence under Section 39B of the Dangerous Drugs Act 1952 is aimed at giving the courts the discretion to determine the appropriate penalty for the offenders, said Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said.
She said the proposal was also in tandem with the principle of sentencing, that is is the court was allowed to use its discretion to impose a sentence other than the death penalty.
"However, the court's discretionary power is subject to imposition of the life imprisonment and not less than 15 strokes of the cane after the court takes into account certain circumstances," she said in a statement today.
The Dangerous Drugs (Amendment) Bill 2017 was tabled for first reading in the Dewan Rakyat today.
Without the proposed amendment, the judge handling a case is forced to impose the death sentence on an accused person because no other penalty is provided for in that law.

Azalina, who is the MP for Pengerang, said all quarters should see the amendment as a proactive measure for the government to ensure justice for those who should not be subjected to the mandatory death sentence.
"Nevertheless, the death sentence has to be retained to give a clear picture that the government will not compromise with drug traffickers whose action becomes a threat to the country and people," she said. — Bernama