Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Application of precedent

Legal area

Court

2 Oct 2024

Kamalakanna Thevar A/l Gunaselen

Citation

WA-83D-9092-10/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83D-9092-10/2021 (Mahkamah Majistret)

Magistrate found the offence not a "serious offence" under the Penal Code definition (imprisonment threshold 10 years), the statutory prerequisites for section 294 CPC were satisfied and mitigating factors (first offender, age, remorse, employment, lack of antecedents and guilty plea) outweighed the need for immediate incarceration; therefore a bond of good conduct under section 294 CPC for 2 years with a RM4,000 surety and one guarantor was appropriate and lawful.
1 Jan 1900

1. ABA MUTIARA ENTERPRISE 2. ABDUL MU'IZZ BIN JAMIL THAVAMANY A/P KATHARAYAN (Mendakwa sebagai wakil litigasi dalam harta pesaka KATHARAYAN A/L VYETHILINGAN, simati)

Citation

PA-12B-13-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-13-02/2018 (Mahkamah Tinggi)

The Sessions Court misdirected itself by failing to consider the deceased's prolonged vegetative state, survival period and age in assessing general damages; the High Court applied the approach in Moo Ah Kow to determine a modal award for the head and facial injuries (RM300,000 and RM70,000 respectively), then reduced that total (RM370,000) to 30% due to lack of consciousness and other factors, awarding RM111,000 as general damages; special damages were undisturbed and lower court costs must be recalculated to reflect the varied award.