Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 233 cma 1998

  • 26 Jun 2022

    Ku Muhammad Faiz Zahidi Bin Ku Shaharuzaman

    Citation
    JA-63-34-06/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-63-34-06/2020 (Mahkamah Sesyen)

    Balancing statutory maximum penalties, mitigating factors (guilty plea, first offender, youth, family hardship, remorse, limited dissemination and no violence) against public interest and deterrence, the court concluded non‑custodial sentences in the form of fines were proportionate; imposed RM2,000 fine per count (8 counts) totalling RM16,000 with default imprisonment 3 months per count (aggregate 24 months) and ordered forfeiture of exhibits P8 and P9 to the Malaysian Communications Commission.

  • 26 Jun 2022

    Ku Muhammad Faiz Zahidi Bin Ku Shaharuzaman

    Citation
    JA-63-38-06/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-63-38-06/2020 (Mahkamah Sesyen)

    The court accepted the admitted facts and mitigating factors (early guilty plea, first offender, youth, family hardship, saved court time), found the offences serious but non-violent and aimed at a single private recipient, and held that a proportionate, educative sentence was a fine rather than imprisonment; imposed RM2,000 fine per count (total RM16,000) with failure-to-pay terms (3 months per count, aggregate 24 months) and ordered forfeiture of exhibits P8 and P9 to the Malaysian Communications Commission under s260 CMA 1998.

  • 10 Jun 2022

    BK-63-4-11/2021 & 11 OTHER CASES (Mahkamah Sesyen)

    Citation
    BK-63-4-11/2021 & 11 OTHER CASES (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BK-63-4-11/2021 & 11 OTHER CASES (Mahkamah Sesyen)

    Accused convicted on all 12 counts under s.233(1)(a) CMA 1998; sentencing balanced mitigating credit for immediate guilty pleas, remorse and first‑time offender status against significant aggravation (repetitive, malicious obscene transmissions over nine months, deliberate harm to victim, refusal to cooperate leading to arrest warrant); led to imprisonment of 3 months per count (total 36 months) and forfeiture of specified exhibits under s.260(2).