PENDAKWARAYA Timbalan Dalip Singh a/l Kartar Singh

PENDAKWARAYA Timbalan Dalip Singh a/l Kartar Singh

Because the formal charge did not allege domestic violence as defined by the Domestic Violence Act and courts must sentence on the basis of the charge, s.294(6) did not apply; weighing mitigation (guilty plea, first offender, stroke, family circumstances) and sentencing principles the appropriate disposal was a bond of good behaviour rather than imprisonment.

Citation
BH-83-760-06/2021 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Dalip Singh a/l Katar Singh
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
13 September 2021
Case Number
BH-83-760-06/2021 (Mahkamah Majistret)
Procedural Posture
Criminal: Section 506 Penal Code (criminal Intimidation) / Magistrate Court Conviction and Sentencing; Public Prosecutor Filed Notice of Appeal (24.9.2021)
Outcome
Accused found guilty under s.506 Penal Code; convicted and released on bond of good behaviour under s.294 Criminal Procedure Code.
Legal Topics
Criminal Intimidation (s.506 Penal Code), Bond of Good Behaviour (s.294 Criminal Procedure Code), Exclusion Under S.294(6) and Domestic Violence Act 1994, Sentencing Principles and Plea Mitigation, Charge Construction and Scope (s.155 Cpc)
Source Language
Malay/English
Criminal Law Criminal Procedure Domestic Violence Law Criminal Intimidation (s.506 Penal Code) Bond of Good Behaviour (s.294 Criminal Procedure Code) Exclusion Under S.294(6) and Domestic Violence Act 1994 Sentencing Principles and Plea Mitigation Charge Construction and Scope (s.155 Cpc)

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Parties

Public Prosecutor

Prosecution

Dalip Singh a/l Katar Singh

Accused

Procedural Posture

Criminal: Section 506 Penal Code (criminal Intimidation) / Magistrate Court Conviction and Sentencing; Public Prosecutor Filed Notice of Appeal (24.9.2021)

Legal Issues

  1. 1 Whether s.294 Criminal Procedure Code can be applied given the s.294(6) exclusion for domestic violence
  2. 2 Whether the offence as charged constituted domestic violence under the Domestic Violence Act 1994
  3. 3 Proper sentence (imprisonment versus bond) in light of guilty plea, first offender status and accused's health

Ratio Decidendi

Because the formal charge did not allege domestic violence as defined by the Domestic Violence Act and courts must sentence on the basis of the charge, s.294(6) did not apply; weighing mitigation (guilty plea, first offender, stroke, family circumstances) and sentencing principles the appropriate disposal was a bond of good behaviour rather than imprisonment.

Court Disposition

Accused found guilty under s.506 Penal Code; convicted and released on bond of good behaviour under s.294 Criminal Procedure Code.

Orders

  • Released on a bond of good behaviour in the sum of RM800 with one surety for a period of twelve months
  • Accused to report to the nearest police station on the 1st and 15th of each month during the bond period