Malaysia Case Law: Decisions & Judgments

Topic

Bond of good behaviour

Legal area

Court

4 Jan 2026

MUHAMMAD AMIRUL AZUAN BIN FAUZI

Citation

DI-62-1-04/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DI-62-1-04/2024 (Mahkamah Sesyen)

Given the mitigating factors (guilty plea, first offender, remorse, family dependency), the non‑functional state of the items and authorities permitting use of Section 294 even for offences under s6(1) Akta 357, the Sessions Court lawfully exercised its discretion to release the accused on a bond of good behaviour for the first amended charge and to impose a fine for the second amended charge as detailed in the orders.
18 Dec 2024

WAN MUHAMAD AIDIL HAKIM BIN WAN MOHD SOGHIR

Citation

DA-83D-4261-12/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DA-83D-4261-12/2024 (Mahkamah Majistret)

Because the offence under s15(1) DDA is classified as non-serious and the respondent pleaded guilty early, is a first offender, and has credible prospects for lawful employment, the court rightly exercised its sentencing discretion under s294 CPC to impose a bond of good behaviour as a proportionate sentence that serves deterrence, reformation and incapacitation.
8 Jul 2024

TUAN AMIR BIN TUAN MOHAMAD

Citation

DA-43-1-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-43-1-01/2024 (Mahkamah Tinggi)

The High Court held that the plain meaning of the bond to 'behave and keep the peace' is breached once the bound person is arrested and charged again for the same offences; conviction of the new charges is not required before committal and sentencing for the original offences may proceed, therefore the Sessions Court decision was set aside and the respondent referred back for sentencing.
28 Aug 2023

MOHD NASIR BIN ISMAIL

Citation

DJ-83-104-06/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DJ-83-104-06/2021 (Mahkamah Majistret)

Section 294 CPC applies where the offence is punishable with imprisonment not exceeding ten years and where, after considering aggravating and mitigating factors (including first offender status and poor health), the court may in its discretion release the offender on bond; accordingly the magistrate lawfully convicted the accused and exercised discretion to order a two‑year bond with one surety and five years driving disqualification.
30 Mar 2022

MUHAMMAD ALIF NAJMI BIN SHARIFF

Citation

BB-83-3924-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BB-83-3924-12/2021 (Mahkamah Majistret)

Given the accused was a youthful first offender with mitigating social circumstances and a welfare report recommending non-custodial measures, the magistrate properly exercised discretion under s.293(1)(b) CPC to impose a one-year bond of good behaviour with RM1000 surety; the sentence was not manifestly inadequate when balanced with public interest and sentencing principles.
12 Feb 2020

PENDAKWARAYA PP ASHWIN LALL A/L MAHENDRAN LALL

Citation

WA-83D-6527-07/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83D-6527-07/2019 (Mahkamah Majistret)

Court exercised its discretion under section 173A CPC and ordered conditional discharge because accused was a young first offender, a student with good academic standing, possessed a minor quantity of methamphetamine (1.46 g), pleaded guilty saving court resources, demonstrated prospects for rehabilitation with family support, and exhibited no history or intensity of drug-related activity; ordered bond of RM10,000 with surety for two years and recorded no conviction.

Malaysia Case Law

MUHAMMAD AMIRUL AZUAN BIN FAUZI

WAN MUHAMAD AIDIL HAKIM BIN WAN MOHD SOGHIR

TUAN AMIR BIN TUAN MOHAMAD

MOHD NASIR BIN ISMAIL

MUHAMMAD ALIF NAJMI BIN SHARIFF

PENDAKWARAYA PP ASHWIN LALL A/L MAHENDRAN LALL