Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Amendment of charge and plea

Legal area

Court

11 Sept 2024

Mohd Irfain Bin Ishak

Citation

BA-62D-104-07/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-62D-104-07/2024 (Mahkamah Sesyen)

Given the guilty plea, the court exercised judicial discretion to impose a mitigated custodial sentence rather than a fine, ordered imprisonment of 6 months to commence after the accused's current sentence ends pursuant to Section 292(1) KTJ, and imposed 2 years supervision under Section 38B ADB to achieve a balance of deterrence and rehabilitation.
5 Dec 2023

Chong Kah Chun [ ]

Citation

B-05(M)-307-07/2022 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-307-07/2022 (Mahkamah Rayuan)

The Court allowed the appeal, set aside the conviction and mandatory death sentence under section 39B(1)(a)/39B(2) following the Attorney General's representation to amend the charge; the appellant pleaded guilty to the amended charge under section 12(2) and was sentenced under section 39A(2) to nine years' imprisonment and ten strokes, effective from date of arrest, because the Court accepted the substituted charge and exercised sentencing discretion in light of public interest and mitigation.