[ ] MOHD IZZUL ASLAN BIN YAHYA

[ ] MOHD IZZUL ASLAN BIN YAHYA

Court exercised its discretion under Section 294 KTJ and found that the accused's mitigation (family responsibilities, lengthy remand of about 1 year 8 months, remorse, cooperation and rehabilitation plan) justified recording the conviction but releasing him on a good behaviour bond; court ordered a bond with RM5000 security and one surety.

Citation
DI-62D-38-07/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohd Izzul Aslan bin Yahya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 December 2025
Case Number
DI-62D-38-07/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence (dangerous Drugs Act 1952) / Plea, Mitigation and Sentencing Application for Good Behaviour Bond Under Section 294 CPC (ktj)
Outcome
Accused convicted and released on a good behaviour bond under Section 294 Criminal Procedure Code (KTJ).
Legal Topics
Section 15(1)(a) Dangerous Drugs Act 1952, Section 39 C Dangerous Drugs Act 1952, Section 294 Criminal Procedure Code (ktj), Good Behaviour Bond, Mitigation and Prior Convictions
Source Language
Malay/English
Criminal Law Drugs Law Procedure Sentencing Section 15(1)(a) Dangerous Drugs Act 1952 Section 39 C Dangerous Drugs Act 1952 Section 294 Criminal Procedure Code (ktj) Good Behaviour Bond Mitigation and Prior Convictions

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Parties

Pendakwa Raya

Prosecutor

Mohd Izzul Aslan bin Yahya

Accused

Procedural Posture

Criminal Drug Offence (dangerous Drugs Act 1952) / Plea, Mitigation and Sentencing Application for Good Behaviour Bond Under Section 294 CPC (ktj)

Legal Issues

  1. 1 Whether the court may exercise discretion under Section 294 CPC to grant a good behaviour bond despite mandatory sentencing provisions under Section 39C ADB 1952
  2. 2 Whether the accused's antecedents, long remand period, remorse, family responsibilities and rehabilitation prospects justify a bond
  3. 3 Whether a good behaviour bond is an appropriate suspended punishment where conviction must be recorded

Ratio Decidendi

Court exercised its discretion under Section 294 KTJ and found that the accused's mitigation (family responsibilities, lengthy remand of about 1 year 8 months, remorse, cooperation and rehabilitation plan) justified recording the conviction but releasing him on a good behaviour bond; court ordered a bond with RM5000 security and one surety.

Court Disposition

Accused convicted and released on a good behaviour bond under Section 294 Criminal Procedure Code (KTJ).

Orders

  • Accused convicted of offence under Section 15(1)(a) Dangerous Drugs Act 1952
  • Accused released on a good behaviour bond under Section 294 KTJ with security of RM5000 and one surety