Criminal Law, 2010 Bar — Question XX

ESSAY

Matt was found guilty of drug trafficking while his younger brother Jeff was found guilty of possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs under Section 12 of Republic Act No. 9165. Matt filed a petition for probation. Jeff appealed his conviction, during the pendency of which he also filed a petition for probation. The brothers' counsel argued that, they being first-time offenders, their petitions for probation should be granted. How would you resolve the brothers' petitions for probation? Explain.

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