Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Consecutive v concurrent sentences

Legal area

Court

26 Oct 2023

ISMAIL BIN MOIDEEN KUTTY

Citation

JI-83RS-60-10/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JI-83RS-60-10/2023 (Mahkamah Majistret)

Accused pleaded guilty and was convicted on all four charges; court balanced mitigation (guilty plea, age, low income) against aggravating factors (multiple recent offences, prior convictions, public interest) and held that offences were separate transactions so sentences should run separately/consecutively; imposed total imprisonment of 36 months (12m +12m +6m +6m) with two one‑stroke canings for the two section 457 convictions, to run from date of arrest.
13 Jul 2021

PENDAKWARAYA Mohamad Ramadzan bin Mohd Yusof

Citation

AB-45A-6-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AB-45A-6-09/2020 (Mahkamah Tinggi)

The sentences were within the statutory minima prescribed by the Dangerous Drugs Act given the weights of the drugs seized; the two offences were legally distinct (different provisions and different drugs) and therefore sentences were properly ordered to run consecutively from the date of arrest; the sentences are proportional and serve legitimate deterrent and public interest purposes.