22 Jul 2021
PENDAKWARAYA SAMSIAH BT SAMSUL BAHARI
- Citation
- BL-41(Ors)-2-08/2020 (Mahkamah Tinggi)
- Court
- Ors
- Case number
- BL-41(Ors)-2-08/2020 (Mahkamah Tinggi)
The High Court held the magistrate had erred in substituting the mandatory gravity of an offence under Section 403 with only a good behaviour bond. Given the substantial loss (RM14,094.40), the breach of trust, and the statutory scheme prescribing at least six months custody, the appropriate sentence is immediate imprisonment of six months. The prosecution appeal is allowed and the magistrate's sentence set aside and replaced with six months' imprisonment, with the RM5000 bail returned to the surety.