MUHAMMAD ALIF NAJMI BIN SHARIFF

MUHAMMAD ALIF NAJMI BIN SHARIFF

Given the accused was a youthful first offender with mitigating social circumstances and a welfare report recommending non-custodial measures, the magistrate properly exercised discretion under s.293(1)(b) CPC to impose a one-year bond of good behaviour with RM1000 surety; the sentence was not manifestly inadequate when balanced with public interest and sentencing principles.

Citation
BB-83-3924-12/2021 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhammad Alif Najmi bin Shariff
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 March 2022
Case Number
BB-83-3924-12/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Conviction and Sentencing at Magistrate's Court; DPP Filed Appeal to High Court
Outcome
Accused convicted under s.42(1) Road Transport Act 1987; non-custodial sentence imposed; matter noted as appealed by DPP
Legal Topics
Dangerous Riding, Section 42(1) Road Transport Act 1987, Section 293(1) Criminal Procedure Code (youthful Offender), Bond of Good Behaviour
Source Language
Malay/English
Criminal Law Road Transport Law Sentencing Juvenile Law Dangerous Riding Section 42(1) Road Transport Act 1987 Section 293(1) Criminal Procedure Code (youthful Offender) Bond of Good Behaviour

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Parties

Pendakwa Raya

Prosecutor

Muhammad Alif Najmi bin Shariff

Accused

Procedural Posture

Criminal / Conviction and Sentencing at Magistrate's Court; DPP Filed Appeal to High Court

Legal Issues

  1. 1 Whether the bond of good behaviour under s.293(1)(b) CPC was an adequate sentence
  2. 2 Whether sentencing properly balanced public interest and mitigation for a youthful first offender
  3. 3 Whether the magistrate's exercise of discretion was manifestly inadequate

Ratio Decidendi

Given the accused was a youthful first offender with mitigating social circumstances and a welfare report recommending non-custodial measures, the magistrate properly exercised discretion under s.293(1)(b) CPC to impose a one-year bond of good behaviour with RM1000 surety; the sentence was not manifestly inadequate when balanced with public interest and sentencing principles.

Court Disposition

Accused convicted under s.42(1) Road Transport Act 1987; non-custodial sentence imposed; matter noted as appealed by DPP

Orders

  • Conviction recorded under Section 42(1) Road Transport Act 1987
  • Accused ordered to enter into a bond of good behaviour for 1 year under s.293(1)(b) CPC with surety RM1000