PENDAKWARAYA LIM HONG YEW [No. K/P : 610117-08-5772]

PENDAKWARAYA LIM HONG YEW [No. K/P : 610117-08-5772]

Magistrate accepted the accused's unqualified guilty plea and mitigation but gave limited discount due to multiple admitted prior convictions; oral admission of prior convictions was sufficient to rely upon them under s.400 CPC; given repeat offending the court imposed the maximum prescribed fine rather than imprisonment, with default imprisonment, and ordered forfeiture of the cash exhibit.

Citation
AH-83-142-03/2021 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor (Pendakwa Raya); Accused: Lim Hong Yew
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 March 2021
Case Number
AH-83-142-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal — Offence Under Betting Houses Act 1953 (section 9(1)) / Sentence Imposed in Magistrates' Court; Appeal Filed to High Court
Outcome
Accused convicted under Section 9(1) Akta Rumah Judi Terbuka 1953; sentenced to a fine of RM10,000 with 10 months imprisonment in default; exhibits disposed; cash exhibit RM34 forfeited to Government; accused appeals to High Court.
Legal Topics
Sentencing Principles, Plea Discount, Admission of Previous Convictions, Forfeiture/confiscation
Source Language
Malay/English
Criminal Law Sentencing Gambling Law Evidence (previous Convictions) Sentencing Principles Plea Discount Admission of Previous Convictions Forfeiture/confiscation

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecutor

Lim Hong Yew

Accused

Procedural Posture

Criminal — Offence Under Betting Houses Act 1953 (section 9(1)) / Sentence Imposed in Magistrates' Court; Appeal Filed to High Court

Legal Issues

  1. 1 Appropriate sentence in light of repeat gambling convictions
  2. 2 Whether oral admission of prior convictions suffices for sentencing
  3. 3 Weight of guilty plea and personal mitigation factors

Ratio Decidendi

Magistrate accepted the accused's unqualified guilty plea and mitigation but gave limited discount due to multiple admitted prior convictions; oral admission of prior convictions was sufficient to rely upon them under s.400 CPC; given repeat offending the court imposed the maximum prescribed fine rather than imprisonment, with default imprisonment, and ordered forfeiture of the cash exhibit.

Court Disposition

Accused convicted under Section 9(1) Akta Rumah Judi Terbuka 1953; sentenced to a fine of RM10,000 with 10 months imprisonment in default; exhibits disposed; cash exhibit RM34 forfeited to Government; accused appeals to High Court.

Orders

  • Accused LIM HONG YEW convicted under Section 9(1) Akta Rumah Judi Terbuka 1953.
  • Sentenced to a fine of RM10,000; default imprisonment 10 months if fine unpaid.