Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Substitution of corporal punishment

Legal area

Court

22 Sept 2025

KUAN HUI MIN

Citation

AC-62D-127-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AC-62D-127-08/2024 (Mahkamah Sesyen)

The court found the guilty plea was not a significant mitigating factor because it was entered only after a superficial amendment that did not alter material elements; balancing the limited personal mitigation against public interest and deterrence, and noting whipping cannot be imposed on a woman, the court sentenced the defendant to six years' imprisonment from date of arrest and three years AADK supervision.
17 Sept 2020

PENDAKWARAYA Hasan bin Yusof

Citation

AB - 42 - JSKH - 1 - 01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AB - 42 - JSKH - 1 - 01/2020 (Mahkamah Tinggi)

Whipping ordered by the Sessions Court was illegal under section 289(c) CPC because the accused was over 50 and section 376B is not among the listed exceptions; accordingly the whipping order was set aside and, to give effect to legislative intent and proportionality (guided by section 291 CPC analogy), the term of imprisonment was increased from 12 to 13 years.