PENDAKWARAYA 1. Chin Chee Wei (KP750521-08-5517) 2. Chong Poh Wah (KP 640308-10-6633)

PENDAKWARAYA 1. Chin Chee Wei (KP750521-08-5517) 2. Chong Poh Wah (KP 640308-10-6633)

The High Court exercised its revisionary jurisdiction and found the 3-month imprisonment sentence manifestly excessive in the context of the MCO, applicants' mitigation and public health considerations; the imprisonment was substituted with a compulsory attendance order under s 5(1) Offenders Compulsory Attendance Act 1954 for 3 months (4 hours daily) with a bond of RM500 with one surety and weekly reporting to the local police to balance public interest and individual hardship.

Citation
AB-43-2-04/2020 (Mahkamah Tinggi)
Parties
Accused/applicant: Chin Chee Wei; Accused/applicant: Chong Poh Wah; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 April 2020
Case Number
AB-43-2-04/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Revision / Revision Judgment
Outcome
Sentence of 3 months' imprisonment altered to Compulsory Attendance Order under section 5(1) Offenders Compulsory Attendance Act 1954 for 3 months with specified conditions.
Legal Topics
Movement Control Order, Preventive Health Regulations, Sentencing Alternatives, Compulsory Attendance Order, COVID 19
Source Language
Malay/English
Criminal Law Public Health Law Administrative Law Movement Control Order Preventive Health Regulations Sentencing Alternatives Compulsory Attendance Order COVID 19

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Parties

Chin Chee Wei

Accused/applicant

Chong Poh Wah

Accused/applicant

Public Prosecutor

Respondent

Procedural Posture

Criminal Revision / Revision Judgment

Legal Issues

  1. 1 Whether the magistrate's 3 month imprisonment sentence for breach of MCO was excessive and warranted revision
  2. 2 Whether alternative non-custodial sentences under the penal regime (binding over, compulsory attendance, fine) were appropriate in the circumstances
  3. 3 Whether the High Court should exercise revisionary jurisdiction under CJA and CPC provisions

Ratio Decidendi

The High Court exercised its revisionary jurisdiction and found the 3-month imprisonment sentence manifestly excessive in the context of the MCO, applicants' mitigation and public health considerations; the imprisonment was substituted with a compulsory attendance order under s 5(1) Offenders Compulsory Attendance Act 1954 for 3 months (4 hours daily) with a bond of RM500 with one surety and weekly reporting to the local police to balance public interest and individual hardship.

Court Disposition

Sentence of 3 months' imprisonment altered to Compulsory Attendance Order under section 5(1) Offenders Compulsory Attendance Act 1954 for 3 months with specified conditions.

Orders

  • Sentence of 3 months' imprisonment on both accused persons set aside and substituted with a Compulsory Attendance Order under s 5(1) Act 461 for 3 months
  • Both accused to attend daily at Perak Compulsory Attendance Centre and undertake compulsory work for 4 hours each day for 3 months