NIK MOHAMMAD AZHAR BIN MOHD RABUZALIL

NIK MOHAMMAD AZHAR BIN MOHD RABUZALIL

The court held that it lawfully exercised its discretion under Section 294 to order a good behaviour bond despite the applicability of Section 39C ADB 1952 because mitigating factors (guilty plea, remorse, time spent in remand, absence of a victim and rehabilitation prospects) made the bond appropriate; the bond is a deferred sentence and the conviction remains recorded.

Citation
DI-62D-51-09/2024 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: NIK MOHAMMAD AZHAR BIN MOHD RABUZALIL
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 February 2026
Case Number
DI-62D-51-09/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal / Appeal Against Sentence
Outcome
Accused ordered released on a good behaviour bond under Section 294; prosecution has appealed and the matter is submitted to the High Court for appellate determination.
Legal Topics
Good Behaviour Bond, Probation, Section 294 CPC, Mandatory Sentences Under Dangerous Drugs Act 1952, Recidivism
Source Language
Malay/English
Criminal Law Drug Law Procedural Law Good Behaviour Bond Probation Section 294 CPC Mandatory Sentences Under Dangerous Drugs Act 1952 Recidivism

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Parties

PENDAKWA RAYA

Prosecution

NIK MOHAMMAD AZHAR BIN MOHD RABUZALIL

Accused

Procedural Posture

Criminal / Appeal Against Sentence

Legal Issues

  1. 1 Whether a court may exercise its discretion under Section 294 Kanun Tatacara Jenayah to order a good behaviour bond despite the applicability of mandatory sentencing under Section 39C of the Dangerous Drugs Act 1952
  2. 2 Whether the mitigating factors (guilty plea, remand time, remorse, lack of victim, rehabilitation prospects) justify granting a good behaviour bond to an offender with prior convictions for drug offences

Ratio Decidendi

The court held that it lawfully exercised its discretion under Section 294 to order a good behaviour bond despite the applicability of Section 39C ADB 1952 because mitigating factors (guilty plea, remorse, time spent in remand, absence of a victim and rehabilitation prospects) made the bond appropriate; the bond is a deferred sentence and the conviction remains recorded.

Court Disposition

Accused ordered released on a good behaviour bond under Section 294; prosecution has appealed and the matter is submitted to the High Court for appellate determination.

Orders

  • Accused released on a good behaviour bond under Section 294 Kanun Tatacara Jenayah for 2 years with bail/security as specified and one surety; conviction to be recorded.
  • Matter referred/submitted to the High Court for determination of the prosecution's appeal against adequacy of sentence.