How does Section 12’s maximum RM100,000 fine affect sentencing choices?

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Section 12(3) of the Dangerous Drugs Act 1952 Outlines Maximum Penalties for Drug Possession

Noel Faizal was fined RM2,500 by the Magistrates’ Court after pleading guilty to possessing 0.68 grams of methamphetamine. He was charged under Section 12(2) of the Dangerous Drugs Act 1952, with the potential penalties stipulated in Section 12(3) of the same act. This section provides for a maximum fine of RM100,000 or a maximum imprisonment of five years, or both, for such offenses.
Possession of Methamphetamine Resulted in a Fine and Potential Imprisonment

The offense occurred on March 21 at 2:15 am in the parking area of a condominium in Damansara Perdana. Noel Faizal, whose real name is Noel Faizal Firdaus Muhamad, pleaded guilty to having 0.68 grams of methamphetamine in his possession. The court, presided over by Magistrate Muhammad Iskandar Zainol, imposed a RM2,500 fine. In addition, the court ordered a two-month jail term if the fine was not paid.
The Dangerous Drugs Act 1952 Sets Statutory Limits for Drug Offenses

Noel Faizal was charged under Section 12(2) of the Dangerous Drugs Act 1952, an amendment from 1980. This section pertains to the possession of dangerous drugs. The consequences for such possession are detailed in Section 12(3) of the same legislation.
Sentencing Discretion is Guided by Statutory Maximums

Section 12(3) of the Dangerous Drugs Act 1952 establishes the upper limits for penalties in drug possession cases, specifying a maximum fine of RM100,000 or a maximum imprisonment of five years, or a combination of both. While the law provides these maximums, the actual sentence imposed by a court, such as the RM2,500 fine in Noel Faizal's case, is determined based on various factors considered during the sentencing process. These factors can include the quantity of the drug, the specific circumstances of the offense, and the mitigating circumstances presented by the defense, balanced against public interest considerations highlighted by the prosecution.

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How does Section 12’s maximum RM100,000 fine affect sentencing choices?

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