Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Probation/good behaviour bond

  • 5 Feb 2025

    PENAMA XXXX

    Citation
    RA-84-42-09/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    RA-84-42-09/2024 (Mahkamah Majistret)

    The court accepted the unqualified guilty plea, found the facts established the offence under s14(b) Akta 792, and held that in balancing public interest, deterrence and the severity of the offence against the offender’s youth, remorse, learning disability, family support and social welfare recommendations, a rehabilitative non-custodial order (two-year good behaviour bond with surety and supervision) was the proportionate and appropriate sentence.

  • 31 Jul 2024

    PENAMA XXXX

    Citation
    AC-84-6-06/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AC-84-6-06/2024 (Mahkamah Majistret)

    The court accepted the probation report and considered the child's age (14), first offender status, family support, remorse and the absence of indicators requiring institutional detention; balancing public interest with the child's welfare the court held rehabilitation and supervision via a two‑year good behaviour bond under s.91(1)(b) read with s.93(1)(a)(b) Child Act 2001 (plus reporting to JKM and monthly psychology sessions) was proportionate and appropriate rather than custody.