Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Concurrent and consecutive sentencing

Legal area

Court

6 Oct 2023

MASRI BIN MUSA

Citation

AA-42JSKH-2-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42JSKH-2-01/2023 (Mahkamah Tinggi)

The High Court found the lower court applied correct sentencing principles, the aggregate punishment fell within statutory limits and was not manifestly excessive; however the court adjusted concurrency for specified counts by ordering the sentences in AA-42JSKH-1-01/2023 and AA-42JSKH-3-01/2023 to run concurrently while otherwise upholding the lower court's sentences, resulting in no net change to total imprisonment as imposed.
20 Aug 2021

AZMI BIN MAT HUSSIN

Citation

BA-41H-(148-156)-12/2019 (Mahkamah Tinggi)
Court

148-156
Case number

BA-41H-(148-156)-12/2019 (Mahkamah Tinggi)

The High Court dismissed the appeal because the Magistrate lawfully exercised sentencing discretion after considering mitigation; the offences comprised multiple distinct transactions justifying aggregation of sentences (concurrent and consecutive as appropriate); remand credit was not applicable because the applicant was bailed on several matters and remand was not continuous; and the whipping tally was lawful given the offences arose in separate transactions and were heard as multiple trials together under the statutory framework.