INTERSPACE MANAGEMENT SDN BHD

INTERSPACE MANAGEMENT SDN BHD

Court affirmed conviction under Copyright Act 1987 s41(1)(d) and imposed a fine of RM6,000 (RM2,000 per infringing copy) or 12 months imprisonment if unpaid, having balanced the need for public deterrence and seriousness of the offence against mitigating factors (guilty plea, first offender status, demonstrated remorse and financial hardship); ordered forfeiture of exhibits P18–P22 to the prosecution and return of exhibits P23–P26 to the defendant via the prosecution.

Citation
WA-63-107-11/2023 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: INTERSPACE MANAGEMENT SDN. BHD.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 February 2024
Case Number
WA-63-107-11/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Copyright Infringement / Appeal by Prosecution Against Sentence
Outcome
Appeal dismissed; conviction and sentence of RM6,000 fine (RM2,000 per copy) or 12 months imprisonment if unpaid upheld.
Legal Topics
Possession of Infringing Software, Sentencing and Deterrence, Guilty Plea Mitigation, Forfeiture and Disposal of Exhibits
Source Language
Malay/English
Intellectual Property Copyright Criminal Law Sentencing Possession of Infringing Software Sentencing and Deterrence Guilty Plea Mitigation Forfeiture and Disposal of Exhibits

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Parties

PENDAKWA RAYA

Prosecution

INTERSPACE MANAGEMENT SDN. BHD.

Defendant

Procedural Posture

Criminal Copyright Infringement / Appeal by Prosecution Against Sentence

Legal Issues

  1. 1 Whether the original sentence was adequate to serve public interest and deterrence
  2. 2 Extent of mitigation credit for guilty plea and first‑time offender status
  3. 3 Appropriate quantum of fine per infringing copy

Ratio Decidendi

Court affirmed conviction under Copyright Act 1987 s41(1)(d) and imposed a fine of RM6,000 (RM2,000 per infringing copy) or 12 months imprisonment if unpaid, having balanced the need for public deterrence and seriousness of the offence against mitigating factors (guilty plea, first offender status, demonstrated remorse and financial hardship); ordered forfeiture of exhibits P18–P22 to the prosecution and return of exhibits P23–P26 to the defendant via the prosecution.

Court Disposition

Appeal dismissed; conviction and sentence of RM6,000 fine (RM2,000 per copy) or 12 months imprisonment if unpaid upheld.

Orders

  • Conviction recorded under Copyright Act 1987 s41(1)(d)
  • Fine RM6,000 (RM2,000 per infringing copy) or 12 months imprisonment if unpaid