Malaysia Case Law: Decisions & Judgments

Topic

Plea of guilty and mitigation

Legal area

Court

27 Mar 2024

[Pejabat Penasihat Undang-Undang Negeri] MOHAMAD AZRUL AZLAN BIN MOHAMAD

Citation

PB-45A-12-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PB-45A-12-01/2022 (Mahkamah Tinggi)

Court accepted accused's voluntary early guilty plea, found him a first offender and likely user, weighed mitigation against public interest and sentencing trends, and held that a sentence of 7 years' imprisonment from date of arrest (21.05.2020) and 10 strokes is lawful, proportionate and appropriate under s12(2) read with s39A(2) of the Dangerous Drugs Act 1952.
18 Apr 2023

GURPREET RAM

Citation

BF-83D-26-01/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BF-83D-26-01/2023 (Mahkamah Majistret)

The Magistrate accepted the factual and forensic basis of possession (1.06g cannabis), acknowledged the guilty plea and mitigation but concluded public interest and the seriousness of drug offences outweighed greater discount; thus the accused was convicted under Section 6 of the Dangerous Drugs Act 1952 and sentenced to 9 months imprisonment to run from the date of arrest (8.1.2023).
1 Sept 2021

MOHD NIZAR BIN MOHD AZLI (K/P: 920523-03-5205)

Citation

DA-42H-16-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42H-16-07/2020 (Mahkamah Tinggi)

The High Court held there was no legal error or misapplication of principle by the Sessions Court, the offence was serious (use of weapon and injury to an infant), section 294 KTJ did not apply to such serious offences, and the sentence of 7 years imprisonment from arrest date and one stroke of the rotan was within permissible discretion and therefore affirmed.
15 Mar 2021

PENDAKWARAYA PUAN NUR SULEHAN MUSTAFA BIN ABD RAHMAN

Citation

JA-62D-145-03/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-62D-145-03/2021 (Mahkamah Sesyen)

The court accepted the unreserved guilty plea to the amended charge under s15(1)(a) Dangerous Drugs Act 1952 and, having regard to the statutory minimum under s39C(1)(b), the accused's prior convictions, the seriousness and rampancy of drug offences, and mitigation (age and family circumstances), imposed a sentence of six years' imprisonment within the statutory range and declined to order whipping because the accused is over 50; the sentence balanced public interest, deterrence and the accused's mitigation.
25 Oct 2020

FAIZUL BIN ASMAN PUBLIC PROSECUTOR

Citation

JB-41H-11-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41H-11-03/2020 (Mahkamah Tinggi)

The High Court held the learned Magistrate did not err in law or principle; the offences were not the same transaction so concurrency was not warranted, the appellant's attempt to mislead the court negated much mitigation from his guilty plea, and the 15-month imprisonment imposed was appropriate and is affirmed.
28 Sept 2020

PENDAKWARAYA Puan Joy Jothy Nadrarasan Mohd Dahreen bin Yunus

Citation

WA-45B-36-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45B-36-12/2018 (Mahkamah Tinggi)

Court found prosecution failed to sustain charge under section 302 but established a prima facie case under section 304(a); accused pleaded guilty to the amended charge, and after weighing mitigating factors (guilty plea, first offender status, spontaneous act, single non‑vital wound, assistance to victim, family dependence and remorse) against aggravating factor (possession of axe while pursuing victim) and public interest, court sentenced the accused to nine years' imprisonment effective from 24 August 2018.

Malaysia Case Law

[Pejabat Penasihat Undang-Undang Negeri] MOHAMAD AZRUL AZLAN BIN MOHAMAD

GURPREET RAM

MOHD NIZAR BIN MOHD AZLI (K/P: 920523-03-5205)

PENDAKWARAYA PUAN NUR SULEHAN MUSTAFA BIN ABD RAHMAN

FAIZUL BIN ASMAN PUBLIC PROSECUTOR

PENDAKWARAYA Puan Joy Jothy Nadrarasan Mohd Dahreen bin Yunus