Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 38b

  • 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.

  • 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).