[ ] SIVANAMTHAM A/L GAUTHAMAN

[ ] SIVANAMTHAM A/L GAUTHAMAN

The Court held that the remand period must be taken into account when fixing sentence; because the trial court had already imposed the maximum statutory term of three years and credited the period from arrest, there was no basis to increase the sentence and the Public Prosecutor's appeal against sentence was dismissed.

Citation
WA-45JT-19-08/2021 (Mahkamah Tinggi)
Parties
Appellant (public Prosecutor): Pendakwa Raya; Respondent (accused): Sivanamtham a/l Gauthaman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2023
Case Number
WA-45JT-19-08/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Sentence After Conviction on Guilty Plea
Outcome
Appeal dismissed
Legal Topics
Sentencing, Remand Credit, Membership of Unlawful Society, Appeal Against Sentence
Source Language
Malay/English
Criminal Law Statutory Offences Sentencing Remand Credit Membership of Unlawful Society Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Appellant (public Prosecutor)

Sivanamtham a/l Gauthaman

Respondent (accused)

Procedural Posture

Criminal Appeal / Appeal Against Sentence After Conviction on Guilty Plea

Legal Issues

  1. 1 Whether the period of remand should be credited when calculating sentence
  2. 2 Whether the sentence should run from date of conviction/decision or from date of arrest/remand
  3. 3 Whether the sentence imposed was adequate given public interest and statutory maximum

Ratio Decidendi

The Court held that the remand period must be taken into account when fixing sentence; because the trial court had already imposed the maximum statutory term of three years and credited the period from arrest, there was no basis to increase the sentence and the Public Prosecutor's appeal against sentence was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Public Prosecutor's appeal against sentence dismissed
  • Conviction and sentence of three years' imprisonment upheld to run from date of arrest (20 June 2021)