Malaysia Case Law: Decisions & Judgments

Topic

Fine versus imprisonment

Legal area

Court

16 May 2024

[Timbalan (TPR), Jabatan Peguam Negara] ABDUL RAHMAN BIN OMAR

Citation

CB-83D-262-02/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-262-02/2024 (Mahkamah Majistret)

Magistrate lawfully convicted accused on his guilty plea and, having taken judicial notice of prior drug‑related convictions from the court's electronic records and balanced deterrence, public interest, prison capacity and the accused's means, imposed a fine of RM10,000 in default 14 months imprisonment as an appropriate sentence.
22 Mar 2023

MOHD TAUFIK BIN ALIAS

Citation

TF-83D-8-01/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TF-83D-8-01/2023 (Mahkamah Majistret)

Given the direct evidence of possession, the confirmed chemical analysis showing 0.99g methamphetamine, the applicant's prior conviction and the public interest in deterrence, the court imposed a fine of RM3,500, failing which 13 months imprisonment, and declined to backdate imprisonment to the date of arrest because the accused had been granted bail.
23 Oct 2020

KHOR HONG TIK

Citation

PA-41H-7-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-41H-7-03/2020 (Mahkamah Tinggi)

Section 427 Penal Code does not make imprisonment mandatory; the magistrate failed to give adequate weight to the statutory discretion and mitigating factors (first offender, immediate guilty plea, restitution, primary breadwinner), rendering the 12-month custodial sentence unduly harsh. The appropriate sentence is a fine (non-custodial) of RM10,000 with a default term of six months' imprisonment.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] ABDUL RAHMAN BIN OMAR

MOHD TAUFIK BIN ALIAS

KHOR HONG TIK