Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Overstaying/illegal entry
  • 26 Jan 2026

    MD SAKIB HOSEN

    Citation
    TB-83-4-01/2026 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TB-83-4-01/2026 (Mahkamah Majistret)

    The court held that whipping under s.6(3) is discretionary and may be excluded in appropriate cases (first offence, non‑violent conduct, mitigation). A subordinate court may alter its sentence where the proviso to s.278 KTJ applies (i.e. before the court rises for the day and where there is a clear mistake). However, administrative constraints in the court management system do not negate the substantive legal effect: although the court set a substituted sentence (higher fine, no whipping), the electronic system refused amendment on grounds of functus officio, and the court (with regret) maint…