Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory minimum sentence
  • 7 Aug 2023

    AW YU HUI

    Citation
    WA-41S-7-05/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-41S-7-05/2023 (Mahkamah Tinggi)

    Reduction of imprisonment from 12 months (s420 PC) and 8 months (s468 PC) to 3 months each was lawful because s172G CPC entitles an accused who pleads guilty before trial to be sentenced to not more than half the maximum term; subsection 172D(2) (which would preserve statutory minima) is inapplicable absent a plea bargaining disposition under s172C; the guilty plea, payment of fines and lack of detailed prosecution facts warranted reduction; consecutive effect and whipping order were maintained as appropriate.