SAUTRE A/P BHASKARAN PILLAI

SAUTRE A/P BHASKARAN PILLAI

The magistrate lawfully exercised discretion to impose a two‑year good behaviour bond under s.294 CPC with RM3,500 surety for the first count and a RM2,000 fine (or 2 months' custody on default) for the second count after weighing early guilty plea, first‑offender status, serious chronic health conditions and prior custody; the sentence fell within permissible discretionary limits though the prosecution appealed.

Citation
JB-83D-179-03/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused/respondent: Sautre A/P Bhaskaran Pillai
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 February 2023
Case Number
JB-83D-179-03/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Magistrate Sentencing; Appeal to High Court Filed
Outcome
Magistrate convicted accused; imposed a two‑year good behaviour bond under s.294 CPC with RM3,500 surety and monthly reporting condition for the first count; imposed a RM2,000 fine for the second count (default 2 months' imprisonment); prosecution filed appeal to High Court
Legal Topics
Possession of Controlled Drugs, Good Behaviour Bond Under S.294 CPC, Mandatory Imprisonment Under Dangerous Drugs Act, Mitigation and Guilty Plea Credit, Appeal Against Sentence
Source Language
Malay/English
Criminal Law Drugs Law Sentencing Criminal Procedure Possession of Controlled Drugs Good Behaviour Bond Under S.294 CPC Mandatory Imprisonment Under Dangerous Drugs Act Mitigation and Guilty Plea Credit +1 more

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Parties

Pendakwa Raya

Prosecutor

Sautre A/P Bhaskaran Pillai

Accused/respondent

Procedural Posture

Criminal / Magistrate Sentencing; Appeal to High Court Filed

Legal Issues

  1. 1 Whether a magistrate may impose a good behaviour bond under s.294 CPC in lieu of mandatory imprisonment under the Dangerous Drugs Act
  2. 2 Appropriate sentence given accused's early guilty plea, first‑offender status and serious health conditions
  3. 3 Balancing public interest/deterrence against reformative aims of sentencing

Ratio Decidendi

The magistrate lawfully exercised discretion to impose a two‑year good behaviour bond under s.294 CPC with RM3,500 surety for the first count and a RM2,000 fine (or 2 months' custody on default) for the second count after weighing early guilty plea, first‑offender status, serious chronic health conditions and prior custody; the sentence fell within permissible discretionary limits though the prosecution appealed.

Court Disposition

Magistrate convicted accused; imposed a two‑year good behaviour bond under s.294 CPC with RM3,500 surety and monthly reporting condition for the first count; imposed a RM2,000 fine for the second count (default 2 months' imprisonment); prosecution filed appeal to High Court

Orders

  • Convicted on both counts
  • Count 1: Good behaviour bond under Section 294 Criminal Procedure Code for 2 years with RM3,500 surety and one surety; accused to report to nearest police station once per month during bond period; surety to notify if accused hospitalised with supporting documents