Malaysia Case Law: Decisions & Judgments

Topic

Criminal intimidation (s.506 penal code)

Legal area

Court

23 Feb 2026

MOHD FAIZUL BIN RAZAK

Citation

DJ-83-126-02/2026 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83-126-02/2026 (Mahkamah Majistret)

Accused's voluntary, informed guilty plea and admitted facts satisfied elements of offences; however the aggregate conduct was serious (night-time housebreaking, imitation firearm threat, physical assault, attempted abduction and obstruction of police) so after weighing mitigation and public interest the court imposed concurrent custodial sentences and fines as recorded, which are lawful, proportionate and justified; conviction is upheld and appeal against conviction is barred except on sentence legality/extent (s.305 CPC).
11 Apr 2022

KATHIRESAN A/L RASAMANIKAM

Citation

BB-83-1766-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BB-83-1766-06/2021 (Mahkamah Majistret)

Given the accused's first‑offender status, clean antecedents, employment and family responsibilities, the incident arising from a momentary provocation, and applicable sentencing principles, the magistrate properly exercised discretion under s.173A(2)(b) CPC to discharge the accused conditionally on a bond for good behaviour (surety RM2000 for 3 years) for the s.448 offence and imposed a RM100 fine (default 3 days) for the s.14 Minor Offences Act offence; the sentence was not manifestly inadequate and the DPP's appeal was filed.
13 Sept 2021

PENDAKWARAYA Timbalan Dalip Singh a/l Kartar Singh

Citation

BH-83-760-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-83-760-06/2021 (Mahkamah Majistret)

Because the formal charge did not allege domestic violence as defined by the Domestic Violence Act and courts must sentence on the basis of the charge, s.294(6) did not apply; weighing mitigation (guilty plea, first offender, stroke, family circumstances) and sentencing principles the appropriate disposal was a bond of good behaviour rather than imprisonment.

Malaysia Case Law

MOHD FAIZUL BIN RAZAK

KATHIRESAN A/L RASAMANIKAM

PENDAKWARAYA Timbalan Dalip Singh a/l Kartar Singh