Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Commencement of sentence (s292 cpc)

Legal area

Court

1 Aug 2024

KHAIRULL AZWA BIN JAAFAR

Citation

BA-41H-11-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-41H-11-02/2024 (Mahkamah Tinggi)

The court held that the correct legal approach to whether sentences should run concurrently is governed by s.292 CPC and the one transaction rule as explained in Bachik Abdul Rahman: the court must assess proximity of time, proximity of place, continuity of action and continuity of purpose or design. A sentencing court must direct its mind to those elements when deciding commencement of sentences; failure to do so is an error of law or misdirection warranting appellate scrutiny.
18 Mar 2021

MOHAMAD PAKHRURRAZI BIN MANERAN PUBLIC PROSECUTOR

Citation

JB-41H-23-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41H-23-07/2020 (Mahkamah Tinggi)

The offences involved separate cars, separate owners and separate locations on the same day and therefore did not constitute a single transaction; concurrency was inappropriate and the High Court exercised sentencing discretion under s292/s282 to reduce the second sentence from five to three years while affirming the two-year sentence, giving weight to plea and mitigating factors but prioritising public interest.