29 Jul 2024
The High Court allowed the prosecution's appeal against sentence, holding the original sentence was manifestly inadequate given the seriousness of rape of a 12-year-old relative and the need to prioritize public interest and deterrence; the court increased imprisonment to 12 years from date of arrest and increased whipping to five strokes.
27 Jun 2024
The High Court held that the additional RM500 per day penalty in section 56(3) Akta 177 is a statutory sentencing provision tied to the same offence (not the creation of a new offence) and therefore the Magistrate was empowered to impose it; the proviso to section 87(1) Akta 92 permits the Magistrate to award the full punishment authorized by the statute; the presence of the Deputy Public Prosecutor during trial satisfied the requirement of prosecution 'by the Public Prosecutor' so written consent was not fatal; accordingly convictions and sentences were upheld.
16 Oct 2023
The High Court held that the indictment, read as a whole, sufficiently alleged s.31(1)(a) Children Act 2001; the prosecution proved beyond reasonable doubt that both appellants, as caregivers, committed neglect by failing to obtain timely medical treatment and adequate care which caused internal injury leading to the child's death; the trial court properly called the accused to answer and was correct not to apply s.114(g) for the uncalled sibling; accordingly convictions were upheld and the prosecution's cross-appeal to increase imprisonment was allowed, raising the term to 10 years.
10 Jul 2023
Notice of appeal was not personally served on appellant and s.314(1) was not complied with; s.314(2) cannot be used to justify making an order adverse to an absent respondent; High Court erred in enhancing sentence to 24 months in appellant's absence; High Court order of 25.1.2022 is null and void and is set aside; Sessions Court sentence restored.
4 Apr 2023
The Court allowed the Prosecution's appeal and increased each appellant's sentence from 9 to 10 years imprisonment and from 1 to 2 strokes because the original sentence was insufficient given the planned group robbery of an elderly victim, resulting trauma, and the need for deterrence, while still taking into account mitigating factors (youth, first offence, family and health circumstances) and imposing a nominal increase rather than a crushing term.
14 Jun 2022
The Court allowed the prosecution's appeal, finding the session court's three-year sentence was manifestly inadequate and failed to give sufficient weight to public interest, deterrence, and aggravating features (premeditation and impersonation); the appropriate sentence is seven years' imprisonment for each accused, to run from date of arrest (18.06.2021).
1 Mar 2021
Concurrent findings by Sessions Court and High Court that complainant and corroborating witness were credible and that prosecution proved elements of s354 were supported by evidence and not open to disturbance on appeal; absence of CCTV or incomplete CRT recording did not amount to suppression or nullity given explanations and long-hand notes; appellate court may increase sentence where prior sentence is manifestly low—hence conviction affirmed and sentence enhanced to one year imprisonment with a fine of RM8,000 (in default 8 months).
1 Mar 2021
Concurrent factual findings that prosecution proved the elements of s354 were supported by credible and corroborated testimony and post-incident conduct; absence of CCTV and incomplete CRT recording did not vitiate trial because CCTV did not exist and long-hand notes complied with Criminal Procedure Code; conviction affirmed. Sentencing was insufficient at 3 months; having regard to seriousness and sentencing trends the appropriate custodial term is 1 year while maintaining the RM8,000 fine (8 months default).