9 Dec 2020
SYAMSUL FAZWAN BIN ABDUL AZIZ
- Citation
- AA-41H-36-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-41H-36-11/2019 (Mahkamah Tinggi)
s.172G CPC applies to any accused who pleads guilty at any time before commencement of trial irrespective of plea bargaining; the word 'shall' is mandatory in this context so the court must sentence in accordance with s.172D(1)(c)(ii) meaning imprisonment cannot exceed half the maximum provided by law (subject to exceptions in s.172D(2) and (3)); magistrate's sentence that exceeded that cap was unlawful and is set aside and substituted accordingly.