Malaysia Case Law: Decisions & Judgments

Topic

Restitution (section 426 crpc)

Legal area

Court

1 Apr 2021

HENRYZAL BIN HATTO

Citation

JB-41H-16-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41H-16-05/2019 (Mahkamah Tinggi)

The High Court held the magistrate did not err in finding SP1's evidence credible and corroborated; the defence failed to raise reasonable doubt. Conviction under section 420 read with section 34 Penal Code was affirmed. However the original sentence was manifestly inadequate; in the exercise of appellate sentencing powers the court increased imprisonment to reflect seriousness and deter similar offences and ordered a fine and restitution under statutory provisions.
15 Oct 2020

ZAINAL BIN JIDON (NO. KP : XXXXXX-XX-XXXX)

Citation

JB-41H-35-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41H-35-08/2019 (Mahkamah Tinggi)

The offences comprised multiple separate acts of cheating causing distinct losses to victims on separate dates and therefore did not constitute one transaction; consecutive sentences were appropriate for separate transactions; guilty plea merited mitigation but its weight was limited by seriousness and public interest; exercising discretion the court reduced each sentence from three years to two years but maintained consecutive operation and retained corporal punishment; restitution to victims ordered under section 426 CrPC.
15 Oct 2020

ZAINAL BIN JIDON (NO. KP : XXXXXX-XX-XXXX)

Citation

JB-41H-30-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41H-30-08/2019 (Mahkamah Tinggi)

Offences were distinct transactions each causing separate loss; therefore sentences should remain consecutive but the appellate court exercised discretion to reduce the term for each conviction from three years to two years while retaining one stroke of sebatan per conviction; restitution to each victim in the amounts obtained was ordered and enforceable under Section 426 CrPC.

Malaysia Case Law

HENRYZAL BIN HATTO

ZAINAL BIN JIDON (NO. KP : XXXXXX-XX-XXXX)

ZAINAL BIN JIDON (NO. KP : XXXXXX-XX-XXXX)