Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sentencing principles and proportionality

Legal area

Court

9 Jul 2025

LATIFAH BINTI TOMIN

Citation

MA-83-1142-07/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-83-1142-07/2025 (Mahkamah Majistret)

Given the low value of the recovered item (approx. RM179.90), the impulsive and unsophisticated nature of the shoplifting, the accused's status as a first offender and primary caregiver, and the need for proportionality and rehabilitation, the appropriate sentence was a nominal custodial term of one day's imprisonment and a fine of RM600, in default 21 days' imprisonment, to achieve deterrence without excessive punishment.
29 Mar 2022

YAP KIM HIN

Citation

WA-83-10121-12/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-10121-12/2019 (Mahkamah Majistret)

On the prosecution evidence as a whole — complainant identification of the original cheque, bank records and bank officers confirming deposit into accused's account, developer's testimony that accused lacked authority, and investigating officer's findings including subsequent withdrawal — the court found every ingredient of s420 proved; the accused failed to discharge the evidential and legal burden to prove the asserted common-practice/commission justification, so conviction followed and a custodial sentence of three years was imposed as proportionate given aggravating and mitigating factors.