Malaysia Case Law: Decisions & Judgments

Topic

Caning/whipping

Legal area

Court

17 Nov 2025

ZULFAIZAL BIN HASHIM

Citation

DJ-62JSK-44-11/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DJ-62JSK-44-11/2025 (Mahkamah Sesyen)

Court held that offences occurred on two distinct dates and did not form one transaction; therefore sentences of 10 years imprisonment and 10 strokes for each count were lawful and should run consecutively to total 20 years imprisonment and 20 strokes because the aggregate is within statutory maxima under s.376(3) and not excessive under the totality principle; ancillary orders for counselling and two years police supervision under the Child Sexual Offences Act 2017 were appropriate.
28 May 2025

ILHAM UTAMA SAWAI BIN SUARDI

Citation

N-05(H)-11-01/2024 (Mahkamah Rayuan)
Court

H
Case number

N-05(H)-11-01/2024 (Mahkamah Rayuan)

The Court of Appeal was bound by the Federal Court in Santanasamy Muttiah v PP that there is no statutory power to order whipping/caning to be executed concurrently; therefore the High Court's order making two caning sentences run concurrently was unlawful and is set aside and replaced with an order that the caning sentences run consecutively; custodial (imprisonment) sentences remain unchanged.
21 Mar 2022

QUACH VAN HUA

Citation

TA-83-72-03/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83-72-03/2022 (Mahkamah Majistret)

Accused convicted on plea and, having regard to statutory maximums and the public interest in deterring illegal entry, the court imposed six months imprisonment from date of arrest and one stroke of the rotan as a proportionate sentence under Section 6(3) Immigration Act 1959/63.

Malaysia Case Law

ZULFAIZAL BIN HASHIM

ILHAM UTAMA SAWAI BIN SUARDI

QUACH VAN HUA