Malaysia Case Law: Decisions & Judgments

Topic

Premeditation

Legal area

Court

14 Jun 2023

TEO SEAN THUAN

Citation

PA-83-475-03/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PA-83-475-03/2023 (Mahkamah Majistret)

Given the accused's early guilty plea, advanced age, low income and caring responsibilities, absence of premeditation and prior convictions, and the need for a sentence that is both instructive and reformative rather than purely punitive, the appropriate sentence for the offence under Section 325 is 1 day imprisonment and a fine of RM4,000 (default 2 months imprisonment).
28 Sept 2020

YG (A CHILD)

Citation

PA-42H-22-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42H-22-10/2019 (Mahkamah Tinggi)

The sessions court's community service order was manifestly inadequate and not proportionate to a premeditated, violent machete attack causing grievous hurt; appellate court substituted the order with a custodial order under Child Act s91(1)(f) to send the respondent to Henry Gurney School until age 21 to achieve necessary deterrence, discipline and rehabilitation.
26 Nov 2019

Jeffrey Bin Tahil

Citation

S-05(H)-459-10/2019 (Mahkamah Rayuan)
Court

H
Case number

S-05(H)-459-10/2019 (Mahkamah Rayuan)

The Court upheld the learned Judicial Commissioner’s findings that although insults were continuous and grave, they were not sudden; the appellant had premeditated by bringing a knife and seeking the deceased, acted in a cruel manner (continued attack after victim fell), and failed to properly put sudden fight to prosecution witnesses; therefore defences of grave and sudden provocation and sudden fight fail and the conviction for murder under Section 300/302 is sustained.

Malaysia Case Law

TEO SEAN THUAN

YG (A CHILD)

Jeffrey Bin Tahil