AHMAD BASIR BIN ABU BAKAR

AHMAD BASIR BIN ABU BAKAR

Magistrate lawfully exercised discretion under s294 CPC: accused convicted of possession of prohibited imported cigarettes under s135 Customs Act 1967 but, being a first offender showing remorse, sole breadwinner with low income and in absence of violence or malice, a non-custodial sentence in the form of a bond of good behaviour for two years with one surety was appropriate and just.

Citation
DJ-83-298-11/2021 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor (PENDAKWARAYA); Accused: Ahmad Basir bin Abu Bakar
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 November 2023
Case Number
DJ-83-298-11/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Customs Offence / Conviction and Sentencing
Outcome
Accused found guilty and convicted on charge under section 135(1)(d) Customs Act 1967; non-custodial disposition imposed.
Legal Topics
Sentencing, Probation (bond of Good Behaviour), Customs Act 1967 S135, Mitigating and Aggravating Factors, First Offender, Public Interest
Source Language
Malay/English
Criminal Law Customs Law Procedure Sentencing Probation (bond of Good Behaviour) Customs Act 1967 S135 Mitigating and Aggravating Factors First Offender +1 more

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Parties

Public Prosecutor (PENDAKWARAYA)

Prosecutor

Ahmad Basir bin Abu Bakar

Accused

Procedural Posture

Criminal Customs Offence / Conviction and Sentencing

Legal Issues

  1. 1 Whether section 294 Criminal Procedure Code could be applied to an offence under section 135 Customs Act 1967
  2. 2 Whether a bond of good behaviour is an appropriate sentence given the gravity of the offence and statutory penalty regime
  3. 3 Weight to be given to mitigating factors (first offender, remorse, breadwinner, low income) versus public interest and deterrence

Ratio Decidendi

Magistrate lawfully exercised discretion under s294 CPC: accused convicted of possession of prohibited imported cigarettes under s135 Customs Act 1967 but, being a first offender showing remorse, sole breadwinner with low income and in absence of violence or malice, a non-custodial sentence in the form of a bond of good behaviour for two years with one surety was appropriate and just.

Court Disposition

Accused found guilty and convicted on charge under section 135(1)(d) Customs Act 1967; non-custodial disposition imposed.

Orders

  • Released on bond of good behaviour under section 294 Criminal Procedure Code for 2 years with one surety