MUHAMAD ALIFF FARHAN BIN MOHD FAIZAL

MUHAMAD ALIFF FARHAN BIN MOHD FAIZAL

Section 293 CPC permits substitution only for a term of imprisonment or imprisonment in default of payment of a fine; it does not permit substituting mandatory fines or other statutory ancillary punishments. Applied to s42 RTA, a CSO may replace the imprisonment element but the mandatory fine, endorsement on driving licence and statutory disqualification must still be imposed; however the court can structure the order so that in default of fine the accused performs CSO instead of being committed to prison to preserve the s293 CPC objective of keeping youthful offenders out of custody.

Citation
CB-83-175-06/2025 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Muhamad Aliff Farhan bin Mohd Faizal
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 July 2025
Case Number
CB-83-175-06/2025 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing (youthful Offender)
Outcome
Accused convicted after guilty plea and sentenced
Legal Topics
Community Service Order, Youthful Offender, Statutory Interpretation, Road Transport Act S42, Criminal Procedure Code S293
Source Language
Malay/English
Criminal Law Road Traffic Law Sentencing Law Community Service Order Youthful Offender Statutory Interpretation Road Transport Act S42 Criminal Procedure Code S293

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Parties

Pendakwa Raya

Prosecution

Muhamad Aliff Farhan bin Mohd Faizal

Accused

Procedural Posture

Criminal / Sentencing (youthful Offender)

Legal Issues

  1. 1 Whether s293 Criminal Procedure Code may be used to substitute punishments other than imprisonment or imprisonment in default of a fine
  2. 2 Whether a community service order and a fine in default of the CSO together with endorsement and disqualification can be imposed for an offence under s42 Road Transport Act 1987

Ratio Decidendi

Section 293 CPC permits substitution only for a term of imprisonment or imprisonment in default of payment of a fine; it does not permit substituting mandatory fines or other statutory ancillary punishments. Applied to s42 RTA, a CSO may replace the imprisonment element but the mandatory fine, endorsement on driving licence and statutory disqualification must still be imposed; however the court can structure the order so that in default of fine the accused performs CSO instead of being committed to prison to preserve the s293 CPC objective of keeping youthful offenders out of custody.

Court Disposition

Accused convicted after guilty plea and sentenced

Orders

  • An order to perform 120 hours of community service in aggregate within one year of conviction, instead of passing a sentence of imprisonment.
  • An order to pay a fine of MYR5500. In the event the Accused defaults in paying the fine on the date of conviction, an order requiring the Accused to perform 120 hours of community service in aggregate within one year of the date of conviction, instead of awarding a term of imprisonment in default of payment of the...