Noriha Binti Daud

Noriha Binti Daud

The court accepted the accused's unreserved guilty plea, weighed mitigating factors (first offence, plea, cooperation, health, family dependants, low means) against aggravating factors and public interest, concluded that a rehabilitative non-custodial order better serves public interest than immediate imprisonment or imposing the statutory minimum fine, and accordingly convicted the accused and imposed a 2-year bond under s294 CPC with one surety and RM5,000 bail, and ordered payment of assessed duty RM5,177.60 with 6 months imprisonment in default.

Citation
DA-83-13-01/2022 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor, Royal Malaysian Customs Department, Kelantan; Accused: Noriha binti Daud
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 March 2022
Case Number
DA-83-13-01/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing on Guilty Plea (prosecution Appeal)
Outcome
Accused found guilty; convicted and sentenced to a bond under section 294 CPC
Legal Topics
Customs Act 1967, Import Prohibition, Sentencing, Bond of Good Behavior, Payment of Duty
Source Language
Malay/English
Criminal Law Customs Law Procedural Law Customs Act 1967 Import Prohibition Sentencing Bond of Good Behavior Payment of Duty

Case Brief

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Parties

Public Prosecutor, Royal Malaysian Customs Department, Kelantan

Prosecutor

Noriha binti Daud

Accused

Procedural Posture

Criminal / Sentencing on Guilty Plea (prosecution Appeal)

Legal Issues

  1. 1 Whether the guilty plea was validly and unequivocally entered
  2. 2 Appropriate sentence given statutory minimum fine and public interest
  3. 3 Whether non-custodial rehabilitative orders (bond under s294 CPC) are appropriate

Ratio Decidendi

The court accepted the accused's unreserved guilty plea, weighed mitigating factors (first offence, plea, cooperation, health, family dependants, low means) against aggravating factors and public interest, concluded that a rehabilitative non-custodial order better serves public interest than immediate imprisonment or imposing the statutory minimum fine, and accordingly convicted the accused and imposed a 2-year bond under s294 CPC with one surety and RM5,000 bail, and ordered payment of assessed duty RM5,177.60 with 6 months imprisonment in default.

Court Disposition

Accused found guilty; convicted and sentenced to a bond under section 294 CPC

Orders

  • Accused to be placed under bond of good behaviour under section 294 of the Criminal Procedure Code for 2 years with one surety and bail of RM5,000
  • Accused ordered to pay assessed import duty of RM5,177.60 to the Chief Director of Customs; in default to undergo 6 months imprisonment