4 Oct 2024
SANTANASAMY A/L MUTHIAH [ ]
- Citation
- 05(M)-146-08/2022(W) (Mahkamah Persekutuan)
- Court
- M
- Case number
- 05(M)-146-08/2022(W) (Mahkamah Persekutuan)
Court (dissent) holds that courts retain judicial power to order multiple mandatory whipping sentences to run concurrently where offences arise from one transaction or where totality principle dictates, because statutory silence does not amount to an express prohibition; section 288's cap on strokes limits quantum but does not oust sentencing discretion; concurrent whipping means merged execution (higher number subsumes lower) to avoid disproportionate punishment; additionally, whipping ordered in the High Court for the second charge was illegal under section 289 CPC when a death sentence had…