Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Curfew/house arrest breach
  • 6 Aug 2023

    MICHAEL LIEW

    Citation
    TA-83-278-09/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83-278-09/2022 (Mahkamah Majistret)

    The court found the prosecution proved beyond a reasonable doubt that the accused was subject to a valid police supervision order and breached the curfew by being outside his registered residence between 8.00 pm and 6.00 am; the offence is one of strict liability so self‑induced intoxication is not a defence under s85 Penal Code and the defence failed to raise reasonable doubt; conviction under Section 15(2)(f) APJ 1959 was therefore justified and the appropriate sentence was two years' imprisonment commencing from date of conviction.