Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 15(1)(a)

  • 6 Nov 2023

    MUHAMMAD SOLEHIN BIN SHAHRULNIZAM

    Citation
    ND-83D-823-11/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    ND-83D-823-11/2023 (Mahkamah Majistret)

    Given the accused was a minor at the time of the offence (17), a youthful first offender, pleaded guilty and absent aggravating prior convictions, the public interest and rehabilitative goals required avoiding immediate custody; an intermediate sanction was appropriate — a fine of RM1,900 in default of four months imprisonment plus two years police supervision under s38B. This balanced deterrence and avoidance of excessive financial ruin.

  • 5 Jul 2022

    SUHAINI BINTI MOHD

    Citation
    TF-83D-384-06/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TF-83D-384-06/2022 (Mahkamah Majistret)

    Court exercised sentencing discretion by balancing mitigating factors (early guilty plea, remorse, financial hardship, family responsibilities, no prior record, age) against public interest and deterrence under the Dangerous Drugs Act and concluded that a custodial sentence of 7 months imprisonment effective from 19.6.2022 plus two years AADK supervision was proportionate and within statutory limits.

  • 13 May 2022

    Murugan A/l P. Subramaniam [ ]

    Citation
    AB-43-11-09/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-43-11-09/2020 (Mahkamah Tinggi)

    The court held that the accused was charged with an offence under s15(1)(a) DDA which is a bailable offence; s39C is merely an enhanced penalty provision and does not alter the nature of the offence for bail purposes; s41B does not operate to deny bail in the circumstances because Parliament did not expressly include s39C-triggered cases in s41B and any construction depriving liberty would be disfavored; accordingly bail was granted and the Sessions Court order refusing bail was set aside.

  • 3 Dec 2021

    PENDAKWARAYA Timbalan Lau Kiang Chai

    Citation
    BH-83D-982-12/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BH-83D-982-12/2021 (Mahkamah Majistret)

    Given the admitted facts and pathology confirming controlled substances, the accused's unequivocal guilty plea, first offender status, personal mitigation and the public interest in deterrence, the court imposed a fine of RM1200 (in default one month imprisonment) and a two-year supervision order under s.38B DDA 1952 as a proportionate sentence consistent with local sentencing trend for s.15(1).