Malaysia Case Law: Decisions & Judgments

Topic

Mitigation of sentence

Legal area

Court

21 Aug 2025

1. ) MOHAMAD FAIZI BIN MUSTAFA 2. ) NURUL SHUHAILA BINTI NORMUSHAMSHURI 3. ) MUHAMAD JAMIL BIN ABDUL RAZAK

Citation

KA-45A-25-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-25-09/2024 (Mahkamah Tinggi)

The guilty plea and personal mitigation were recognised but were outweighed by public interest, the substantial quantity of methamphetamine (83.78g) and established sentencing trends for similar offences; accordingly the sentence of 12 years' imprisonment from date of arrest and 10 strokes is appropriate and is affirmed as a deterrent and protective measure.
4 Nov 2024

MOHD RAZALI BIN NASIR

Citation

BJ-83D-984-09/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BJ-83D-984-09/2024 (Mahkamah Majistret)

The magistrate accepted the guilty plea and mitigatory circumstances but, after weighing public interest, prevalence of narcotics offences, and the quantity involved (1.21 g), imposed a custodial term of 6 months which is within the statutory limit under s12(3) Dangerous Drugs Act. Because the offence and an existing sentence (BJ-83D-979-09/2024) arose from separate transactions and proceedings, the new sentence was ordered to commence after completion of the existing sentence pursuant to s292(1) CPC and s282(d) CPC, rather than to run concurrently.
17 May 2024

1. ) MOHAMAD AZRUL AZHAM BIN MOHD ROLZAMAN 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

Citation

BF-62RS-8-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-62RS-8-05/2024 (Mahkamah Sesyen)

The court accepted the early guilty pleas as a mitigating factor but held that the gravity of gang robbery with a deadly weapon, the trauma and loss to the victim and the public interest in deterrence outweighed full mitigation; accordingly the original sentence of 10 years imprisonment from date of arrest and 4 strokes of the rotan is reasonable and is affirmed.

Malaysia Case Law

1. ) MOHAMAD FAIZI BIN MUSTAFA 2. ) NURUL SHUHAILA BINTI NORMUSHAMSHURI 3. ) MUHAMAD JAMIL BIN ABDUL RAZAK

MOHD RAZALI BIN NASIR

1. ) MOHAMAD AZRUL AZHAM BIN MOHD ROLZAMAN 2. ) MOHD HAFIZUDIN BIN MOHD SHAH