Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 305 cpc

Legal area

Court

25 Jun 2025

TEH GEOK CHIN

Citation

J-05(SH)-526-11/2023 (Mahkamah Rayuan)
Court

SH
Case number

J-05(SH)-526-11/2023 (Mahkamah Rayuan)

Section 305 CPC precludes an appeal against conviction after an unqualified guilty plea; because the High Court followed the safeguards in Section 173(b) CPC (charge explained in language understood, facts and exhibits identified, plea taken personally and voluntarily, mitigation heard) the guilty plea and resulting conviction were valid, thus the appeal against conviction and the application to amend were dismissed and the sentence (life imprisonment and 12 strokes) affirmed as the minimum lawful sentence.
20 Jan 2020

AZMAN BIN RAMLI PUBLIC PROSECUTOR

Citation

WA-42S-31-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-31-08/2019 (Mahkamah Tinggi)

Where an accused pleaded guilty appeal is confined to extent or legality of sentence under section 305 CPC and section 39C DDA prescribes a minimum five years imprisonment and whipping for qualifying repeat offenders; the sessions court's sentence of five years and one stroke was lawful and therefore upheld.