Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Aggravated assault (section 326a)
  • 29 Nov 2023

    MOHD EFFENDY BIN A. JAMIL

    Citation
    WA-83-230-01/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83-230-01/2022 (Mahkamah Majistret)

    The court found all elements of s323 read with s326A proved, convicted the accused but exercised sentencing discretion to substitute imprisonment with a compulsory attendance order of 2 hours daily for 4 months under the Compulsory Attendance of Offenders Act 1954 (s.5), with RM2000 bond and one surety, because the injury severity was indeterminate, the accused was a first offender and breadwinner, rehabilitation and preserving family welfare outweighed the need for immediate imprisonment, and the sentence was proportionate and lawful.