3 Feb 2022
[ ] Ashfakur
- Citation
- BA-41H-52-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-41H-52-04/2021 (Mahkamah Tinggi)
The High Court held the Magistrate did not misapply the law or abuse discretion in ordering release on bond under section 294 after properly considering mitigating factors and the trivial assessed value of the prohibited goods (RM425); therefore the mandatory minimum penalty in section 135(1)(v)(aa) did not require automatic imposition of the statutory minimum in the circumstances and the prosecution's appeal was dismissed.