[ ] MOHD REDHUAN BIN YUSOFF

[ ] MOHD REDHUAN BIN YUSOFF

The court held it has discretion under Section 294 KTJ to order a bond of good behaviour for the convicted accused despite the mandatory minimums in Section 39C(2) ADB 1952 when compelling mitigating factors exist (remorse, family responsibilities, lengthy remand, cooperation and systemic concerns such as prison overcrowding); a bond is a deferred sentence and conviction remains recorded.

Citation
DI-62D-27-10/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Redhuan bin Yusoff
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 March 2025
Case Number
DI-62D-27-10/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offence (akta Dadah Berbahaya 1952) / Sentencing After Plea; Mitigation Hearing for Bond of Good Behaviour Under Section 294 KTJ
Outcome
Accused released on a bond of good behaviour under Section 294 KTJ (CPC).
Legal Topics
Probation of Good Conduct (bond) Under Section 294 Ktj/cpc, Mandatory Minimum Sentencing (section 39 C(2) ADB 1952), Mitigation and Sentencing Discretion, Prison Overcrowding and Alternatives
Source Language
Malay/English
Criminal Law Drugs Law Criminal Procedure Probation of Good Conduct (bond) Under Section 294 Ktj/cpc Mandatory Minimum Sentencing (section 39 C(2) ADB 1952) Mitigation and Sentencing Discretion Prison Overcrowding and Alternatives

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Parties

Pendakwa Raya

Prosecution

Mohd Redhuan bin Yusoff

Defendant

Procedural Posture

Criminal Drug Offence (akta Dadah Berbahaya 1952) / Sentencing After Plea; Mitigation Hearing for Bond of Good Behaviour Under Section 294 KTJ

Legal Issues

  1. 1 Whether the court has jurisdiction and discretion under Section 294 KTJ to grant a bond of good behaviour despite mandatory minimum sentence under Section 39C(2) Akta Dadah Berbahaya 1952
  2. 2 Whether mitigating factors (remorse, family responsibilities, lengthy remand, cooperation, prison overcrowding) justify exercise of discretion to impose a bond
  3. 3 Whether prior convictions preclude granting of bond under Section 294

Ratio Decidendi

The court held it has discretion under Section 294 KTJ to order a bond of good behaviour for the convicted accused despite the mandatory minimums in Section 39C(2) ADB 1952 when compelling mitigating factors exist (remorse, family responsibilities, lengthy remand, cooperation and systemic concerns such as prison overcrowding); a bond is a deferred sentence and conviction remains recorded.

Court Disposition

Accused released on a bond of good behaviour under Section 294 KTJ (CPC).

Orders

  • Accused MOHD REDHUAN BIN YUSOFF is released on a bond of good behaviour under Section 294 Kanun Tatacara Jenayah.
  • Conviction is recorded and will remain on the accused's criminal record.