Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Corporal punishment limits

  • 31 Mar 2023

    MUHAMMAD AFFIQ BIN MUHAMAD SHARIF

    Citation
    WA-42JSKH-7-07/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42JSKH-7-07/2022 (Mahkamah Tinggi)

    The Court dismissed the appeal and affirmed the Sessions Court sentences because the sentencing judge properly balanced public interest and the appellant's mitigation; the offences involved children (including a sibling), planning and repeat offending warranted deterrent, largely consecutive (or separate) sentences for distinct offences were justified, the guilty plea was considered but insufficient to materially reduce sentences given aggravating factors, and the total corporal punishment must be capped at the statutory maximum of 24 strokes under applicable procedure law.

  • 20 Aug 2021

    AZMI BIN MAT HUSSIN

    Citation
    BA-41H-(148-156)-12/2019 (Mahkamah Tinggi)
    Court
    148-156
    Case number
    BA-41H-(148-156)-12/2019 (Mahkamah Tinggi)

    The High Court dismissed the appeal because the Magistrate lawfully exercised sentencing discretion after considering mitigation; the offences comprised multiple distinct transactions justifying aggregation of sentences (concurrent and consecutive as appropriate); remand credit was not applicable because the applicant was bailed on several matters and remand was not continuous; and the whipping tally was lawful given the offences arose in separate transactions and were heard as multiple trials together under the statutory framework.

  • 15 Aug 2019

    FADZIL BIN SULAIMAN

    Citation
    BA-42JSKH(A)-1-11/2018 (Mahkamah Tinggi)
    Court
    A
    Case number
    BA-42JSKH(A)-1-11/2018 (Mahkamah Tinggi)

    The High Court allowed the appeal and cross-appeal in part: it held the Sessions Court erred in ordering multiple prison terms to run concurrently for distinct offences against different victims and in imposing whipping contrary to s.289(c) without regard to the Sexual Offences Act exceptions; the court reduced certain prison terms, struck out specified whipping orders, ordered some sentences to run consecutively, imposed mandatory counselling under s.26 and police supervision under s.27, resulting in an aggregate sentence of 18 years imprisonment and 11 strokes (with some strokes set aside).