Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Probation of good conduct (s.294 cpc)
  • 11 Nov 2025

    KAMALANATHAN A/L M UMAKANTHAN

    Citation
    JG-83-371-10/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JG-83-371-10/2025 (Mahkamah Majistret)

    The magistrate convicted the accused under s.45A(1) Road Transport Act 1987 but exercised discretion under s.294 Criminal Procedure Code to release the first-time offender on a 3-year bond with RM4,000 bail and one surety, having balanced public interest, the minimal excess alcohol level (6mg), accused's age, family responsibilities and prospects for rehabilitation; s.294 was held applicable notwithstanding the offence carries mandatory penalties in statute.