1. ) PANNIRSELVAM A/L RAJENDRAN 2. ) UVARAJ A/L MANIAM 3. ) PAUL RAJ A/L MARIE DASS 4. ) K ARTHISWARAN A/L A KRISHNAN

1. ) PANNIRSELVAM A/L RAJENDRAN 2. ) UVARAJ A/L MANIAM 3. ) PAUL RAJ A/L MARIE DASS 4. ) K ARTHISWARAN A/L A KRISHNAN

Court accepted the early guilty pleas, first offender status and mitigating circumstances outweighed immediate punishment; the offence was not held to be so serious as to preclude s.294 CPC. Defendant convicted but discharged on a two-year bond of good behaviour with RM2000 surety and one guarantor under s.294 CPC; prosecution filed an appeal.

Citation
JA-83D-7065-12/2023 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: PANNIRSELVAM A/L RAJENDRAN; Accused: UVARAJ A/L MANIAM; Accused: PAUL RAJ A/L MARIE DASS; Accused: K ARTHISWARAN A/L A KRISHNAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 December 2024
Case Number
JA-83D-7065-12/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Conviction and Sentencing; Release on Bond Under S.294 Cpc; Prosecution Appeal Pending
Outcome
Accused convicted; released on a two-year bond of good behaviour under s.294 Criminal Procedure Code with RM2000 surety and one guarantor; prosecution lodged appeal on 23 December 2024.
Legal Topics
Possession of Controlled Drug, Dangerous Drugs Act 1952 S6 and S39 A(1), Criminal Procedure Code S294, Guilty Plea Mitigation, First Offender Mitigation, Probation Bond
Source Language
Malay/English
Criminal Law Drug Law Procedure Possession of Controlled Drug Dangerous Drugs Act 1952 S6 and S39 A(1) Criminal Procedure Code S294 Guilty Plea Mitigation First Offender Mitigation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecution

PANNIRSELVAM A/L RAJENDRAN

Accused

UVARAJ A/L MANIAM

Accused

PAUL RAJ A/L MARIE DASS

Accused

K ARTHISWARAN A/L A KRISHNAN

Accused

Procedural Posture

Criminal Drug Offence / Conviction and Sentencing; Release on Bond Under S.294 Cpc; Prosecution Appeal Pending

Legal Issues

  1. 1 Whether accused could be released on a bond under s.294 Criminal Procedure Code
  2. 2 What weight to accord guilty plea and first offender status as mitigating factors
  3. 3 Whether the offence qualified as trivial or extenuating to justify s.294 relief

Ratio Decidendi

Court accepted the early guilty pleas, first offender status and mitigating circumstances outweighed immediate punishment; the offence was not held to be so serious as to preclude s.294 CPC. Defendant convicted but discharged on a two-year bond of good behaviour with RM2000 surety and one guarantor under s.294 CPC; prosecution filed an appeal.

Court Disposition

Accused convicted; released on a two-year bond of good behaviour under s.294 Criminal Procedure Code with RM2000 surety and one guarantor; prosecution lodged appeal on 23 December 2024.

Orders

  • Accused convicted as charged under Dangerous Drugs Act 1952 and s.34 Penal Code
  • Accused released on a bond of good conduct for two years under s.294 Criminal Procedure Code