[ ] Ibrahim Idham Bin Mat Daud

[ ] Ibrahim Idham Bin Mat Daud

The magistrate lawfully exercised discretion under section 173A(2)(b) CPC: having assessed the accused's status as a first offender, public servant, sole caregiver with family and health obligations, long trial delay, guilty plea and full cooperation, the court found it expedient in the public interest to discharge the accused conditionally without recording conviction, impose a two‑year good behaviour bond on RM2000 with one surety and award RM1000 costs to the Prosecution.

Citation
DD-83-31-02/2019 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Ibrahim Idham bin Mat Daud
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 October 2023
Case Number
DD-83-31-02/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Traffic (road Transport Act 1987) / Sentencing Under Section 173 a Criminal Procedure Code (post Guilty Plea)
Outcome
Accused discharged conditionally without recording conviction under section 173A(2)(b) Criminal Procedure Code.
Legal Topics
Conditional Discharge, Section 173 a CPC, Dangerous Driving Causing Death, Sentencing Principles
Source Language
Malay/English
Criminal Law Traffic Law Procedural Law Conditional Discharge Section 173 a CPC Dangerous Driving Causing Death Sentencing Principles

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Parties

Public Prosecutor

Prosecution

Ibrahim Idham bin Mat Daud

Accused

Procedural Posture

Criminal Traffic (road Transport Act 1987) / Sentencing Under Section 173 a Criminal Procedure Code (post Guilty Plea)

Legal Issues

  1. 1 Whether it was appropriate to discharge the accused conditionally under section 173A CPC without recording a conviction
  2. 2 Whether the accused's employment, family responsibilities, first‑offender status, delay and guilty plea constitute sufficient mitigation to warrant non‑custodial disposal
  3. 3 Whether the costs award of RM1000 to the Prosecution was just and proportionate

Ratio Decidendi

The magistrate lawfully exercised discretion under section 173A(2)(b) CPC: having assessed the accused's status as a first offender, public servant, sole caregiver with family and health obligations, long trial delay, guilty plea and full cooperation, the court found it expedient in the public interest to discharge the accused conditionally without recording conviction, impose a two‑year good behaviour bond on RM2000 with one surety and award RM1000 costs to the Prosecution.

Court Disposition

Accused discharged conditionally without recording conviction under section 173A(2)(b) Criminal Procedure Code.

Orders

  • Accused discharged from the charge without recording conviction under section 173A(2)(b) CPC.
  • Accused to enter into a bond to be of good behaviour for a period of two years on RM2000 bail with one surety.