Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Mitigation factors

Legal area

Court

22 Dec 2025

FIRDAUS RIZAL BIN ABDUL MANAN

Citation

AC-62K-3-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-62K-3-05/2024 (Mahkamah Sesyen)

Given prolonged and repeated breaches of trust over years resulting in substantial losses to multiple victims, absence of restitution, and offences involving different parties and transactions, the court imposed substantive punishment for each count and ordered custodial sentences to run separately. Mitigating factors (guilty plea, health, family dependence) were acknowledged but did not outweigh the gravity, scale and multiplicity of offences; therefore the appropriate sentence was two years' imprisonment, two strokes and RM10,000 fine (or six months' imprisonment in default) for each of the…
13 Aug 2020

SHRESTHA SUJAN

Citation

J-05(SH)-164-03/2018 (Mahkamah Rayuan)
Court

SH
Case number

J-05(SH)-164-03/2018 (Mahkamah Rayuan)

The trial judge erred by failing to consider and state reasons regarding section 293 CPC; given the appellant's youth, first offender status, circumstances of the fight, drinking and foreign national status the Court should exercise its discretion under section 293 and reduce the sentence from 22 years to 6 years imprisonment from date of arrest while upholding the conviction.