Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Probation/bond under section 294 cpc

  • 18 Aug 2023

    LOW HORNG BIN

    Citation
    CA-86-38-05/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CA-86-38-05/2023 (Mahkamah Majistret)

    The court found all prerequisites for Section 294 CPC satisfied (conviction, adult offender, not a 'serious offence') and, after weighing mitigation (early guilty plea, first offender status, disability, personal circumstances) against aggravation (alcohol reading), concluded a non‑custodial bond for 2 years with RM4500 surety and conditions was appropriate and proportionate to protect public interest while allowing rehabilitation.

  • 3 Feb 2022

    [ ] Ashfakur

    Citation
    BA-41H-52-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-41H-52-04/2021 (Mahkamah Tinggi)

    The High Court held the Magistrate did not misapply the law or abuse discretion in ordering release on bond under section 294 after properly considering mitigating factors and the trivial assessed value of the prohibited goods (RM425); therefore the mandatory minimum penalty in section 135(1)(v)(aa) did not require automatic imposition of the statutory minimum in the circumstances and the prosecution's appeal was dismissed.