27 Oct 2023
GWEE KOK WEI
- Citation
- AL-83-145-10/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AL-83-145-10/2023 (Mahkamah Majistret)
Magistrate lawfully admitted the PDRM record (Exh P10) for sentencing because the accused, when questioned under s256 CPC, orally admitted the prior convictions; such admission is a relevant confession under Evidence Act s17 and may be considered. If accused had denied the record, the court must resort to proof under s400 CPC. Applying sentencing principles (start from maximum, give discounts for mitigation but increase for repeat offending), the appropriate sentence was four months imprisonment from date of conviction, no fine, with suspension pending appeal on RM10,000 bail.