PENDAKWARAYA SAMSIAH BT SAMSUL BAHARI

PENDAKWARAYA SAMSIAH BT SAMSUL BAHARI

The High Court held the magistrate had erred in substituting the mandatory gravity of an offence under Section 403 with only a good behaviour bond. Given the substantial loss (RM14,094.40), the breach of trust, and the statutory scheme prescribing at least six months custody, the appropriate sentence is immediate...

Source-derived case information.

Citation
BL-41(Ors)-2-08/2020 (Mahkamah Tinggi)
Parties
Appellant: Public Prosecutor; Respondent: Samsiah binti Samsul Bahari
Court
Ors
Jurisdiction
Malaysia
Judgment Date
22 July 2021
Case Number
BL-41(Ors)-2-08/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal / Appeal to High Court
Outcome
Appeal allowed; magistrate's sentence set aside and replaced with custodial sentence
Legal Topics
Section 403 Penal Code (criminal Breach of Trust), Section 294 Criminal Procedure Code (good Behaviour Bond), Judicial Discretion in Sentencing, Public Interest and Deterrence
Criminal Law Sentencing Section 403 Penal Code (criminal Breach of Trust) Section 294 Criminal Procedure Code (good Behaviour Bond) Judicial Discretion in Sentencing Public Interest and Deterrence

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Parties

Public Prosecutor

Appellant

Samsiah binti Samsul Bahari

Respondent

Procedural Posture

Criminal / Appeal to High Court

  1. 1 Whether the magistrate erred in imposing a good behaviour bond under Section 294 instead of a custodial sentence for an offence under Section 403
  2. 2 Appropriate weight to give to public interest, deterrence and seriousness of breach of trust versus the offender's youth and first offender status
  3. 3 Whether the sentence imposed was manifestly inadequate in light of statutory minimums

Ratio Decidendi

The High Court held the magistrate had erred in substituting the mandatory gravity of an offence under Section 403 with only a good behaviour bond. Given the substantial loss (RM14,094.40), the breach of trust, and the statutory scheme prescribing at least six months custody, the appropriate sentence is immediate imprisonment of six months. The prosecution appeal is allowed and the magistrate's sentence set aside and replaced with six months' imprisonment, with the RM5000 bail returned to the surety.

Court Disposition

Appeal allowed; magistrate's sentence set aside and replaced with custodial sentence

Orders

  • Appeal allowed
  • The magistrate's order of a good behaviour bond of RM5000 with one surety for three years is set aside