Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 323 kanun keseksaan

  • 3 Oct 2025

    MOHAMMAD FAIZUL BIN ROSLI

    Citation
    AC-85-174-10/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AC-85-174-10/2025 (Mahkamah Majistret)

    Given accused was a first offender who pleaded guilty immediately, admitted facts and exhibits, and mitigation outweighed prosecution's aggravation which lacked compelling reasons for imprisonment, the court exercised discretion under s.323 Kanun Keseksaan to impose a fine of RM1,500 with default 5 months imprisonment as appropriate and proportionate.

  • 24 Nov 2023

    BALAMURUGAN A/L NADARASA

    Citation
    BA-83-2783-11/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BA-83-2783-11/2023 (Mahkamah Majistret)

    Court balanced mitigating factors (guilty plea, remorse, first offender status, family and low income) against public interest and seriousness of offence (intentional assault on an elderly victim causing facial bruising) and concluded that a custodial sentence of one month imprisonment from date of arrest is proportionate and necessary as deterrence; guilty plea entitled accused to some discount but not to avoid imprisonment in this case.