Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admission of previous convictions

Legal area

Court

18 Mar 2021

PENDAKWARAYA LIM HONG YEW [No. K/P : 610117-08-5772]

Citation

AH-83-142-03/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AH-83-142-03/2021 (Mahkamah Majistret)

Magistrate accepted the accused's unqualified guilty plea and mitigation but gave limited discount due to multiple admitted prior convictions; oral admission of prior convictions was sufficient to rely upon them under s.400 CPC; given repeat offending the court imposed the maximum prescribed fine rather than imprisonment, with default imprisonment, and ordered forfeiture of the cash exhibit.
22 Jun 2020

KHAIRUL AKMAL AZWAN BIN MOHD AFFENDI

Citation

DA-41H-39-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-41H-39-05/2018 (Mahkamah Tinggi)

The guilty plea was invalid because the magistrate failed to record that the facts were read and that the appellant admitted those facts and understood the nature and consequences of his plea as required by s173(b) and related provisions; this procedural omission rendered the plea defective and the conviction and sentence could not be sustained and must be set aside with a new trial ordered.