PENDAKWARAYA Pendakwaraya Chin Wah Seng

PENDAKWARAYA Pendakwaraya Chin Wah Seng

Magistrate accepted that offences were not 'serious' under s52B, that mandatory imprisonment language in Customs Act did not preclude exercise of discretion under s294, and on balance of public interest, offender's first‑time status, low value of goods and guilty plea imposed a two‑year bond with RM3,000 surety for the Customs charge and a RM2,000 fine (or 2 months' imprisonment if unpaid) for the Excise charge.

Citation
JA-83-4941-10/2019 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Respondent: Chin Wang Seng
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 December 2020
Case Number
JA-83-4941-10/2019 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing (magistrate)
Outcome
Respondent convicted on pleas and sentenced by magistrate.
Legal Topics
Probation of Good Conduct (section 294 Cpc), Forfeiture of Seized Goods, Mandatory Sentences Vs Judicial Discretion, Mitigation and Credit for Guilty Plea, Proportionality in Sentencing
Source Language
Malay/English
Customs Law Excise Law Criminal Procedure Sentencing Law Probation of Good Conduct (section 294 Cpc) Forfeiture of Seized Goods Mandatory Sentences Vs Judicial Discretion Mitigation and Credit for Guilty Plea +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 25 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Chin Wang Seng

Respondent

Procedural Posture

Criminal / Sentencing (magistrate)

Legal Issues

  1. 1 Whether Section 294 Criminal Procedure Code can be applied despite mandatory imprisonment language in Customs Act s135(1)(v)(aa)
  2. 2 Appropriate sentence for possession of prohibited imported liquor and unlicensed excise goods
  3. 3 Whether the offences qualify as 'serious offence' under s52B CPC

Ratio Decidendi

Magistrate accepted that offences were not 'serious' under s52B, that mandatory imprisonment language in Customs Act did not preclude exercise of discretion under s294, and on balance of public interest, offender's first‑time status, low value of goods and guilty plea imposed a two‑year bond with RM3,000 surety for the Customs charge and a RM2,000 fine (or 2 months' imprisonment if unpaid) for the Excise charge.

Court Disposition

Respondent convicted on pleas and sentenced by magistrate.

Orders

  • Respondent ordered to enter into a bond of good conduct for 2 years under Section 294 CPC with one surety and RM3,000 security for the Customs charge (s135(1)(d) amended)
  • Respondent fined RM2,000 for the Excise charge (s34(2) Excise Act 1976); in default of payment the respondent to serve 2 months' imprisonment