Malaysia Case Law: Decisions & Judgments

Topic

Credit for remand period

Legal area

Court

25 Mar 2024

[Timbalan (TPR), Jabatan Peguam Negara] SUKHDAVE SINGH A/L JESVIR SINGH

Citation

WA-45JT-22-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-22-08/2021 (Mahkamah Tinggi)

The court imposed the maximum statutory sentence under Section 43 Societies Act 1966 but held that the period of detention from arrest must be taken into account, therefore the sentence is to run from the arrest date (20 June 2021); consequently the Public Prosecutor's appeal seeking a harsher or non-backdated sentence was dismissed.
24 Nov 2023

[Timbalan (TPR), Jabatan Peguam Negara] RAJASEKERAN A/L G. GUNASEKERAN

Citation

WA-45JT-1-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-1-08/2022 (Mahkamah Tinggi)

The court held that remand/detention period must be taken into account and credited when imposing sentence; although guilty plea and first offender status are mitigating factors, the court may still impose the statutory maximum; accordingly the sentence of three years imprisonment and fine was maintained but is to run from the date of arrest with remand credited.
24 Nov 2023

[ ] MOHAMAD FAISAL BIN MOHAMAD SHARIF

Citation

WA-45JT-18-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-18-08/2021 (Mahkamah Tinggi)

The court dismissed the Public Prosecutor's appeal and held that the period of remand must be taken into account when fixing the sentence; accordingly the sentence of three years imprisonment and fine RM4,000 in default one year imprisonment is to run from the date of arrest (20 June 2021).
24 Nov 2023

[ ] MOHANRAJ A/L SINNAYA

Citation

WA-45JT-11-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-11-08/2021 (Mahkamah Tinggi)

The Court affirmed conviction under Section 43 Societies Act 1966 and upheld the three year custodial sentence (maximum under the Act) but held that the period of remand from 20 June 2021 must be credited; the Prosecution's cross-appeal for a heavier sentence was dismissed and the accused's appeal against sentence was dismissed.
30 Oct 2023

[Timbalan (TPR), Jabatan Peguam Negara] RAVISHANKAR A/L MURUGAN

Citation

WA-45JT-14-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-14-08/2021 (Mahkamah Tinggi)

The court held that the period the accused was remanded must be taken into account when awarding sentence; consequently the trial court's approach to run the sentence from the date of arrest/remand was correct and the Public Prosecutor's appeal against sentence was dismissed as the trial court had already imposed the maximum term permitted by statute.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] SUKHDAVE SINGH A/L JESVIR SINGH

[Timbalan (TPR), Jabatan Peguam Negara] RAJASEKERAN A/L G. GUNASEKERAN

[ ] MOHAMAD FAISAL BIN MOHAMAD SHARIF

[ ] MOHANRAJ A/L SINNAYA

[Timbalan (TPR), Jabatan Peguam Negara] RAVISHANKAR A/L MURUGAN