Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Conditional discharge

  • 3 Oct 2023

    [ ] Ibrahim Idham Bin Mat Daud

    Citation
    DD-83-31-02/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DD-83-31-02/2019 (Mahkamah Majistret)

    The magistrate lawfully exercised discretion under section 173A(2)(b) CPC: having assessed the accused's status as a first offender, public servant, sole caregiver with family and health obligations, long trial delay, guilty plea and full cooperation, the court found it expedient in the public interest to discharge the accused conditionally without recording conviction, impose a two‑year good behaviour bond on RM2000 with one surety and award RM1000 costs to the Prosecution.

  • 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.