BOBBY BIN JUNIT

BOBBY BIN JUNIT

Court found accused guilty of an offence under section 323 read with section 326A Penal Code; interpreted s326A as amended to afford judicial discretion (imprisonment may extend to twice maximum) rather than mandating a fixed double term; concluded s323 read with s326A is not compoundable and a good behaviour bond is not available for domestic violence offences; balancing public interest, prior conviction, guilty plea and mitigation, imposed imprisonment of 3 months from date of arrest (28.1.2025).

Citation
JC-83-35-01/2025 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: BOBBY BIN JUNIT
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 January 2025
Case Number
JC-83-35-01/2025 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing
Outcome
Convicted under section 323 read with section 326A Penal Code; sentenced to imprisonment 3 months from date of arrest (28/01/2025).
Legal Topics
Assault Causing Hurt, Sentencing Principles, Compounding of Offences, Section 326 a Penal Code, Good Behaviour Bond
Source Language
Malay/English
Criminal Law Domestic Violence Procedural Law Assault Causing Hurt Sentencing Principles Compounding of Offences Section 326 a Penal Code Good Behaviour Bond

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

BOBBY BIN JUNIT

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether an offence under section 323 read with section 326A Penal Code is compoundable
  2. 2 Whether section 326A as amended mandates double the maximum imprisonment or grants judicial discretion
  3. 3 Whether accused is eligible for a good behaviour bond under amended procedural provisions

Ratio Decidendi

Court found accused guilty of an offence under section 323 read with section 326A Penal Code; interpreted s326A as amended to afford judicial discretion (imprisonment may extend to twice maximum) rather than mandating a fixed double term; concluded s323 read with s326A is not compoundable and a good behaviour bond is not available for domestic violence offences; balancing public interest, prior conviction, guilty plea and mitigation, imposed imprisonment of 3 months from date of arrest (28.1.2025).

Court Disposition

Convicted under section 323 read with section 326A Penal Code; sentenced to imprisonment 3 months from date of arrest (28/01/2025).

Orders

  • Convicted under section 323 Penal Code read with section 326A Penal Code
  • Sentenced to 3 months imprisonment from date of arrest (28/01/2025)