Malaysia Case Law: Decisions & Judgments

Topic

Prosecution appeal against sentence

Legal area

Court

24 Nov 2023

[Timbalan (TPR), Jabatan Peguam Negara] DINESWARAN A/L S. ARIVANTHAN

Citation

WA-45JT-10-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-10-08/2021 (Mahkamah Tinggi)

Because binding authorities require that detention/remand periods be taken into account, the Court credited the period from arrest in sentencing; guilty plea and first‑offender status were mitigating but the Court nevertheless imposed the maximum custodial term permitted by the statute, and therefore the prosecution's appeal against sentence was dismissed.
24 Nov 2023

[Timbalan (TPR), Jabatan Peguam Negara] TANASILAN A/L NAKETHIRAN

Citation

WA-45JT-7-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-7-08/2021 (Mahkamah Tinggi)

The court held that the remand period must be taken into account when fixing the sentence; accordingly the maximum three‑year sentence imposed was ordered to run from the date of arrest (20 June 2021). The Public Prosecutor's appeal against sentence was dismissed.
24 Nov 2023

[ ] LOGESWARAN A/L RAVINDRAN

Citation

WA-45JT-20-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-20-08/2021 (Mahkamah Tinggi)

The Court held that the remand period must be taken into account when imposing sentence and therefore the sentence as imposed by the High Court (three years imprisonment and a fine of RM4,000 in default one year) stands and is to be considered from the date of arrest (20 June 2021); the prosecution's appeal against the sentence is dismissed.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] DINESWARAN A/L S. ARIVANTHAN

[Timbalan (TPR), Jabatan Peguam Negara] TANASILAN A/L NAKETHIRAN

[ ] LOGESWARAN A/L RAVINDRAN