Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Penal code s.34 (common intention)

Legal area

Court

5 Feb 2026

1. ) SYED AHMAD FAKHRUL AIMAN BIN TUAN BARU 2. ) MOHAMAD AMIRUL ZEESHAAN BIN RANAMUZAFFAR ALI

Citation

BA-83D-4306-10/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BA-83D-4306-10/2025 (Mahkamah Majistret)

The court held that s.173A conditional discharge was not appropriate given the seriousness and prevalence of drug offences, the defendant's maturity (21 years) and status as a law student (heightened responsibility), and that public interest and deterrence outweighed mitigation; accordingly the defendant was convicted under s.6 Dangerous Drugs Act 1952 read with s.34 Penal Code and sentenced to a fine of RM3500 or default 6 months imprisonment, with bail refunded and exhibits to be disposed by prosecution.
9 Jul 2020

PENDAKWARAYA LI YAN FENG [CHINA] (XXXXXXXXX) & 3 OTHERS

Citation

BA-83-1225-07/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BA-83-1225-07/2020 (Mahkamah Majistret)

Because all appellants pleaded guilty unequivocally and their pleas were accepted, appeal against conviction is barred by s.305 CPC; having considered aggravating and mitigating factors, prevalence of gambling offences, parliamentary intent to deter gambling, and public interest, the court found the 3‑month imprisonment sentence appropriate and upheld it; referral to the Immigration Department for further administrative action was proper and the order for concurrency for one appellant was maintained.