Malaysia Case Law: Decisions & Judgments

Topic

Concurrent and consecutive sentences

Legal area

Court

18 Apr 2025

NOOR AZAM BIN MAT SAAD

Citation

BA-62D-59-04/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-62D-59-04/2025 (Mahkamah Sesyen)

Given the statutory minimum for s.39C(1)(B) DDA and the seriousness of drug offences, but having weighed mitigation and the public interest, the court imposed the minimum five-year term with whipping and supervision; because the DDA offence was a distinct transaction from the existing s.412 PC conviction, the new sentence was ordered to commence upon conclusion of the current sentence.
10 Oct 2024

Muhammad Nazizam Abdullah

Citation

JB-42JSKH-6-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42JSKH-6-08/2023 (Mahkamah Tinggi)

The High Court held the trial judge did not err in principle when imposing long custodial sentences given the serious aggravated nature of repeated incestuous rape of a child and the public interest in deterrence, but allowed the appeal in part by reducing the aggregate term imposed on the seven s.376(3) rape counts from 30 years to 27 years in recognition of the applicant's early plea; maintained the separate 5-year and additional 3-year sentences and preserved the concurrency/consecutive structure; clarified that the total number of strokes to be executed is 24 in accordance with s.288(1) C…
10 Oct 2024

Muhammad Nazizam Abdullah

Citation

JB-42JSKH-5-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42JSKH-5-08/2023 (Mahkamah Tinggi)

The High Court held the sentencing judge did not err in principle: the offences involved repeated, planned incestuous rape of a child with severe consequences, justifying a deterrent and retributive long sentence; early guilty plea entitled appellant to a limited reduction, resulting in reduction of the 30‑year term to 27 years for the seven s.376(3) counts while the s.14(a) five‑year and s.16(1) three‑year sentences and the concurrency/consecutive ordering were upheld; confusion over caning quantum was resolved by directing total of 24 strokes only.
10 Oct 2024

Muhammad Nazizam Abdullah

Citation

JB-42JSKH-4-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42JSKH-4-08/2023 (Mahkamah Tinggi)

High Court found the sentencing judge did not err in principle but allowed the appeal in part: the concurrent 30-year terms on seven counts of rape under s.376(3) Penal Code were reduced to concurrent 27-year terms due to early plea mitigation; the 5-year sentence under s.14(a) AKKSTK 2017 and additional 3-year term under s.16(1) remain and run consecutively as ordered; ambiguity over total caning was resolved so only 24 strokes are to be administered in total.
31 Mar 2023

MUHAMMAD AFIQ BIN MUHAMAD SHARIF

Citation

WA-42JSKH-8-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42JSKH-8-07/2022 (Mahkamah Tinggi)

The Court found the Sessions Court did not err in principle or fact in imposing the sentences. Given the gravity, planning, repeated offences against minors including the accused's sister, limited weight was given to mitigation and guilty plea; thus the sentences were appropriate and are upheld. The statutory cap under s288(1) limits total caning to 24 strokes despite a higher aggregate imposed.
18 Mar 2021

MOHAMAD PAKHRURRAZI BIN MANERAN PUBLIC PROSECUTOR

Citation

JB-41H-23-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41H-23-07/2020 (Mahkamah Tinggi)

The offences involved separate cars, separate owners and separate locations on the same day and therefore did not constitute a single transaction; concurrency was inappropriate and the High Court exercised sentencing discretion under s292/s282 to reduce the second sentence from five to three years while affirming the two-year sentence, giving weight to plea and mitigating factors but prioritising public interest.
8 Jul 2020

PENDAKWARAYA NAAIM BIN MOHD ALI

Citation

AA-62JSK-14-06/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-62JSK-14-06/2020 (Mahkamah Sesyen)

Accused convicted on three counts under the Sexual Offences Against Children Act 2017; guilty plea did not attract significant reduction given gravity and public interest; sentences imposed as follows: Count 1 five years' imprisonment (from 21.6.2020) with three years police supervision, Count 2 fifteen years' imprisonment (from 21.6.2020) plus five strokes and three years police supervision, Counts 1 and 2 to run concurrently, Count 3 three years' imprisonment plus three years police supervision to run consecutively after Counts 1 and 2 because the third offence occurred at a different time…

Malaysia Case Law

NOOR AZAM BIN MAT SAAD

Muhammad Nazizam Abdullah

Muhammad Nazizam Abdullah

Muhammad Nazizam Abdullah

MUHAMMAD AFIQ BIN MUHAMAD SHARIF

MOHAMAD PAKHRURRAZI BIN MANERAN PUBLIC PROSECUTOR

PENDAKWARAYA NAAIM BIN MOHD ALI