Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 448 penal code
  • 17 Aug 2023

    MOHD ANWAR BIN HUSAIN

    Citation
    DA-83-528-08/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DA-83-528-08/2023 (Mahkamah Majistret)

    The magistrate correctly exercised judicial discretion by weighing public interest, severity of the intrusion (entering a private bedroom naked), and mitigating factors; the chosen sentence—a fine of RM3499 with 10 months imprisonment in default—lies within the statutory limits of section 448, is proportionate to the offence, not manifestly wrong, and therefore the appeal against sentence is dismissed.