Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Unlawful society membership

Legal area

Court

24 Nov 2023

[ ] NANTHA KUMAR A/L RAJENDRAN

Citation

WA-45JT-12-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-12-08/2021 (Mahkamah Tinggi)

The court held that remand/detention period must be taken into account when calculating sentence and therefore the sentence was correctly treated as commencing from the date of arrest; because the court had imposed the maximum statutory term, the Public Prosecutor's appeal against adequacy of sentence was dismissed.
24 Nov 2023

[Timbalan (TPR), Jabatan Peguam Negara] TANNISH A/L NAKETHIRAN

Citation

WA-45JT-16-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-16-08/2021 (Mahkamah Tinggi)

The Court held that remand/detention period must be taken into account when sentencing and therefore the sentence is to run from the date of arrest (20 June 2021); although guilty plea and first offender status were mitigating, the court nonetheless imposed the maximum statutory term under Section 43 Societies Act 1966 and dismissed the prosecution's appeal against the sentence.