TAN KIAN TECK

TAN KIAN TECK

The Magistrate correctly held that s173A(2)(b) was lawfully available because the offence under s506 Penal Code carries a maximum two-year term and thus is not a 'serious offence' within s173A(8)/s52B; having considered mitigating factors (early guilty plea, first offender, lack of premeditation, family responsibilities and victim's withdrawal) the court properly exercised its discretion to impose a bond of good behaviour for 2 years with RM4000 surety without recording a conviction.

Citation
DA-83-288-06/2024 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Tan Kian Teck
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 November 2024
Case Number
DA-83-288-06/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Criminal Intimidation (section 506 Penal Code) / Appeal Against Sentence Under Section 173 a Criminal Procedure Code (post Conviction/sentencing)
Outcome
Appeal dismissed; magistrate's order under Section 173A(2)(b) upheld
Legal Topics
Criminal Intimidation (section 506 Penal Code), Section 173 a Criminal Procedure Code (bond of Good Behaviour), Serious Offence Exception (section 52 B Penal Code), Sentencing Principles and Mitigation
Source Language
Malay/English
Criminal Law Sentencing Procedural Law Criminal Intimidation (section 506 Penal Code) Section 173 a Criminal Procedure Code (bond of Good Behaviour) Serious Offence Exception (section 52 B Penal Code) Sentencing Principles and Mitigation

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Parties

Public Prosecutor

Prosecutor

Tan Kian Teck

Accused

Procedural Posture

Criminal Criminal Intimidation (section 506 Penal Code) / Appeal Against Sentence Under Section 173 a Criminal Procedure Code (post Conviction/sentencing)

Legal Issues

  1. 1 Whether the Magistrate Court properly exercised its discretion to impose an order under Section 173A(2)(b) CPC without recording a conviction
  2. 2 Whether the offence charged is a 'serious offence' or involves domestic violence such that s173A(8) CPC bars a bond
  3. 3 Whether the accused's guilty plea, lack of premeditation, first offender status and personal circumstances justify conditional discharge under s173A

Ratio Decidendi

The Magistrate correctly held that s173A(2)(b) was lawfully available because the offence under s506 Penal Code carries a maximum two-year term and thus is not a 'serious offence' within s173A(8)/s52B; having considered mitigating factors (early guilty plea, first offender, lack of premeditation, family responsibilities and victim's withdrawal) the court properly exercised its discretion to impose a bond of good behaviour for 2 years with RM4000 surety without recording a conviction.

Court Disposition

Appeal dismissed; magistrate's order under Section 173A(2)(b) upheld

Orders

  • Accused to enter into a bond of good behaviour under Section 173A(2)(b) Criminal Procedure Code for a period of 2 years with a bond amount of RM4000 with a surety; no conviction to be recorded