TAN YIN YIN

TAN YIN YIN

Court accepted the accused's unqualified guilty plea and youth/rehabilitation mitigation but, weighing the fatality and public interest, exercised discretion under s293(1)(b) CPC to record conviction and impose a one-year good behaviour bond with RM1500 surety and conditions rather than immediate imprisonment.

Citation
WA-83-7426-08/2025 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Tan Yin Yin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
14 October 2025
Case Number
WA-83-7426-08/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Traffic / Prosecution Appeal Against Sentence; Sentencing/reasons Stage
Outcome
Accused convicted; sentenced to a bond under s293(1)(b) Criminal Procedure Code for 1 year with RM1500 surety and one guarantor; conviction recorded.
Legal Topics
Sentencing, Youthful Offender, Bond/good Behaviour Bond (s293 Cpc), Careless/dangerous Driving Causing Death, Plea Bargaining/credit for Guilty Plea
Source Language
Malay/English
Criminal Law Traffic Law Procedural Law Sentencing Youthful Offender Bond/good Behaviour Bond (s293 Cpc) Careless/dangerous Driving Causing Death Plea Bargaining/credit for Guilty Plea

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Parties

Pendakwa Raya

Prosecution

Tan Yin Yin

Accused

Procedural Posture

Criminal Traffic / Prosecution Appeal Against Sentence; Sentencing/reasons Stage

Legal Issues

  1. 1 Whether a bond under s293(1)(b) Criminal Procedure Code was appropriate
  2. 2 Applicability of youthful offender provisions to a 20-year-old accused
  3. 3 Weight to be given to guilty plea as mitigation versus public interest and fatality

Ratio Decidendi

Court accepted the accused's unqualified guilty plea and youth/rehabilitation mitigation but, weighing the fatality and public interest, exercised discretion under s293(1)(b) CPC to record conviction and impose a one-year good behaviour bond with RM1500 surety and conditions rather than immediate imprisonment.

Court Disposition

Accused convicted; sentenced to a bond under s293(1)(b) Criminal Procedure Code for 1 year with RM1500 surety and one guarantor; conviction recorded.

Orders

  • Accused to be on bond of good behaviour under s293(1)(b) Criminal Procedure Code for 1 year
  • Surety of RM1500.00 to be provided with one guarantor