Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Plea in mitigation

  • 25 Jul 2024

    MOHAMAD SHAHRIZA BIN OTHMAN

    Citation
    BJ-83-532-07/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BJ-83-532-07/2024 (Mahkamah Majistret)

    Court accepted guilty plea and mitigating factors (first offender, early plea, cooperation, voluntary return of victims, no violence), found both offences arose from a single transaction so one-transaction rule and totality principle apply, and therefore imposed concurrent sentences of 12 months and 24 months to run together (effective custody 24 months) with fines, finding the sentence just and proportionate.

  • 4 Aug 2022

    NGAH AZHAR BIN MAYA

    Citation
    AB-42H-4-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-42H-4-11/2021 (Mahkamah Tinggi)

    The High Court upheld the Sessions Court's decision that the aggregate 20 years imprisonment and 14 strokes were not manifestly excessive: the sentencing judge considered mitigation including the guilty plea and first offender status but concluded the gravity of the distinct offences (under different statutes), the age of the victim, the violence, recordings and threats warranted consecutive, deterrent sentences; totality principle was not offended as maximum possible exceeded aggregate and facts did not justify concurrency.