MOHAMAD IDHAM BIN MOHD RAHMAT

MOHAMAD IDHAM BIN MOHD RAHMAT

The High Court, exercising its revisionary and inherent jurisdiction as a necessary implication of the sentencing power, may extend the time for completion of community service ordered by a Magistrate when exceptional events (COVID-19) prevent completion and no statutory mechanism exists; the court accordingly...

Source-derived case information.

Citation
PA-43-3-09/2021 (Mahkamah Tinggi)
Parties
Applicant: Public Prosecutor; Respondent: Mohamad Idham bin Mohd Rahmat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 November 2021
Case Number
PA-43-3-09/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Revision / High Court Revision and Decision
Outcome
Application allowed
Legal Topics
Community Service Orders, Extension of Sentence Period, Inherent Jurisdiction of High Court, Power of Revision, COVID 19 Temporary Measures
Criminal Procedure Sentencing Judicial Review Administrative Law Community Service Orders Extension of Sentence Period Inherent Jurisdiction of High Court Power of Revision +1 more

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Parties

Public Prosecutor

Applicant

Mohamad Idham bin Mohd Rahmat

Respondent

Procedural Posture

Criminal Revision / High Court Revision and Decision

Legal Issues

  1. 1 Whether the High Court can extend the time for completion of community service ordered by a Magistrate
  2. 2 Whether the Magistrate or Welfare Department has power to extend the period
  3. 3 Whether the High Court may invoke inherent jurisdiction as a necessary implication to avoid failure of justice

Ratio Decidendi

The High Court, exercising its revisionary and inherent jurisdiction as a necessary implication of the sentencing power, may extend the time for completion of community service ordered by a Magistrate when exceptional events (COVID-19) prevent completion and no statutory mechanism exists; the court accordingly extended the period by 20 months commencing 11.8.2020.

Court Disposition

Application allowed

Orders

  • The period for performance of community service under the Magistrate's order dated 11.2.2020 is extended by 20 months commencing from 11.8.2020.
  • All other orders of the Magistrate under items a, b, c and e shall remain in force.