Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Adequacy of sentence

Legal area

Court

2 Mar 2023

1. ) MOHD RUSDI BIN ZUBIR 2. ) MOHD BAKRI BIN BASIR 3. ) MOHD ZULHAFIZA BIN MOHD ZULKIFLE

Citation

DI-62ES-1-03/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DI-62ES-1-03/2023 (Mahkamah Sesyen)

Possession of parts of a totally protected species is a serious offence requiring a deterrent and substantial sentence; guilty pleas and remorse are mitigating but do not override the primacy of public interest and legislative intent to protect endangered wildlife; accordingly a heavy fine and imprisonment are appropriate under s68(2) Act 716.
30 Jun 2020

1. NORHAYATI BINTI HASHIM 2. AMNI SYAFIQAH BINTI MD JAAFAR

Citation

PA-41H-32-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-41H-32-12/2019 (Mahkamah Tinggi)

First Respondent was legally a person having care of the newborn by participating in the abandonment and therefore liable under s317; the misdescription in the charge did not occasion a failure of justice and was curable under s422 CPC; the Magistrate's sentence was manifestly inadequate given the gravity of abandoning a newborn and was increased on appeal to provide proportional deterrent sentencing.