Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Movement control order

Legal area

Court

8 Apr 2020

PENDAKWARAYA Timbalan Nuur Taimiyah bin Mohamad Yusof & 16 ors

Citation

BH82-6-04/2020 & 16 kes lain (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH82-6-04/2020 & 16 kes lain (Mahkamah Majistret)

All 17 accused persons were guilty of contravening Regulation 6 of PU(A) 109/2020 by gathering in an infected local area; given the deliberate nature of the breach, public interest and deterrence outweigh mitigation, and each is sentenced to 14 days imprisonment to run from the date of arrest (3.4.2020).
8 Apr 2020

PENDAKWARAYA 1. Chin Chee Wei (KP750521-08-5517) 2. Chong Poh Wah (KP 640308-10-6633)

Citation

AB-43-2-04/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AB-43-2-04/2020 (Mahkamah Tinggi)

The High Court exercised its revisionary jurisdiction and found the 3-month imprisonment sentence manifestly excessive in the context of the MCO, applicants' mitigation and public health considerations; the imprisonment was substituted with a compulsory attendance order under s 5(1) Offenders Compulsory Attendance Act 1954 for 3 months (4 hours daily) with a bond of RM500 with one surety and weekly reporting to the local police to balance public interest and individual hardship.