Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Recidivism

  • 26 Feb 2026

    NIK MOHAMMAD AZHAR BIN MOHD RABUZALIL

    Citation
    DI-62D-51-09/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DI-62D-51-09/2024 (Mahkamah Sesyen)

    The court held that it lawfully exercised its discretion under Section 294 to order a good behaviour bond despite the applicability of Section 39C ADB 1952 because mitigating factors (guilty plea, remorse, time spent in remand, absence of a victim and rehabilitation prospects) made the bond appropriate; the bond is a deferred sentence and the conviction remains recorded.

  • 26 Jan 2026

    KU MAHAMAD ISA BIN JAAFAR

    Citation
    AG-83RS-6-01/2026 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AG-83RS-6-01/2026 (Mahkamah Majistret)

    Accused was convicted of theft under Seksyen 380 read with Seksyen 34 based on CCTV identification and confession; balancing aggravating factors (repeated offences targeting places of worship, deception by religious appearance) and mitigating factors (advanced age, serious health issues, early plea), court imposed five years imprisonment and a fine of RM5,000 (default 1 year) and directed that the five year sentence for this offence run concurrently with the five year sentence imposed in AR-83RS-2-01/2026 starting 26 January 2026 to avoid disproportionate aggregate punishment while maintainin…

  • 15 Dec 2025

    AB KADIR ZAILANI BIN ABDUL HUKOM

    Citation
    WA-42H-18-11/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42H-18-11/2024 (Mahkamah Tinggi)

    The appeal is dismissed and the sentence is affirmed because s39C expressly mandates heavier punishment for repeat offenders; there was no double counting of prior convictions by the trial judge; the mitigating factors relied on did not outweigh the statutory scheme and public interest considerations; and the court properly took judicial notice of drug offence trends and statistics to support the sentence.

  • 10 Jul 2025

    HAFIZ FARHAN BIN AZIZUL

    Citation
    AP-83D-171-04/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AP-83D-171-04/2025 (Mahkamah Majistret)

    Magistrate held the 1 year sentence must run consecutively after completion of the 5 year sentence in AB-62D-55-04/2025 because the offences arose from different transactions occurring nearly a year apart, the accused is a recidivist, the totality principle is not breached, and public interest and deterrence justify a consecutive order under s292 CPC.

  • 29 May 2025

    MUSTAFIZUR HASHEMI BIN MUSTAFFA KAMAL

    Citation
    NF-83D-145-05/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    NF-83D-145-05/2025 (Mahkamah Majistret)

    Based on the admitted facts, exhibits including chemical analysis, and the accused's relevant prior convictions and aggressive conduct during arrest, the court found guilt under Section 39A(1) and Section 12(2)/(3) Dangerous Drugs Act 1952; public interest and deterrence, together with the accused's recidivism, justified substantial concurrent custodial sentences (40 months for count one, 10 months for count two) and three strokes per count with limited mitigation for the guilty plea.

  • 20 Nov 2024

    AB KADIR ZAILANI BIN ABDUL HUKOM

    Citation
    WA-62D-151-02/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62D-151-02/2024 (Mahkamah Sesyen)

    Prosecution proved beyond reasonable doubt via observed preliminary test, secure chain of custody, and GCMS confirmation that urine contained morphine; accused is a recidivist with three prior convictions invoking section 39C(1) DDA which prescribes imprisonment of not less than five and not more than seven years and whipping; balancing mitigation and public interest, court exercised discretion to impose the maximum lawful term of seven years imprisonment and three years police supervision; photographic evidence of urination is not required by law.

  • 8 Aug 2024

    SAUFI BIN EMBONG

    Citation
    CA-45-15-12/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CA-45-15-12/2022 (Mahkamah Tinggi)

    Court held that although Malaysian procedure contains no express provision like Singapore permitting a fixed imprisonment replacement for caning, the court has discretion to enhance imprisonment where an offender is exempted from caning; applying that discretion and weighing seriousness, quantities of drugs, recidivism and lack of mitigating factors, the sentences of 15 years' imprisonment for the first count and 10 years' imprisonment for the second count, to run concurrently, were appropriate and not excessive; no caning imposed due to statutory age exemption.

  • 18 Apr 2024

    NOR MD SAID BIN LASIM

    Citation
    NF-83D-111-04/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    NF-83D-111-04/2024 (Mahkamah Majistret)

    Accused was properly convicted on his admitted facts and supporting exhibits under Section 15(1)(a) Dangerous Drugs Act 1952; given his multiple prior convictions and need for public protection and deterrence, a custodial sentence of 20 months to run after his current sentence and two years' supervision was justified; guilty plea did not attract significant reduction due to public interest.

  • 5 Apr 2024

    MOHAMMAD HARIS BIN SAFRI

    Citation
    BF-62D-25-05/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BF-62D-25-05/2022 (Mahkamah Sesyen)

    Prosecution evidence (witness testimony, labelled urine bottle, signed forms, laboratory report confirming morphine, and prior convictions) established the elements beyond reasonable doubt and maintained an unbroken chain of custody; the accused's denials were bare and failed to raise reasonable doubt; therefore conviction under s15(1)(a) read with s39C(1) was appropriate and the court imposed maximum permissible custodial term (7 years), three strokes and three years' supervision under s38B given recidivism and public interest.

  • 28 Dec 2023

    MOHAMMAD IZWAN BIN CHE MAZLAN

    Citation
    DA-83D-2203-09/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DA-83D-2203-09/2023 (Mahkamah Majistret)

    Appellate court affirmed that although guilty plea and personal mitigation warrant some credit, the large quantity of methamphetamine and the appellant's existing convictions made those mitigatory factors insufficient to justify a minimal sentence; therefore the concurrent sentence of 36 months' imprisonment from 10.5.2023 and four strokes of the cane was proportionate, lawful and justified by public interest and deterrence.