Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forgery under section 468 penal code

Legal area

Court

7 Aug 2023

AW YU HUI

Citation

WA-41S-6-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-41S-6-05/2023 (Mahkamah Tinggi)

Section 172G CPC entitles an accused who pleads guilty before trial to sentencing not exceeding half the statutory maximum; subsection 172D(2) on minimum terms is inapplicable absent a plea bargaining disposition under s172C; therefore reducing the s420 term to 3 months was lawful and not prohibited by the statutory minimum; the magistrate's original sentences were manifestly excessive and were properly reduced; the sentences are to run consecutively from date of arrest and the whipping order and fines remain unaffected.
18 Apr 2023

PETER ANTHONY

Citation

WA-42R-10-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42R-10-05/2022 (Mahkamah Tinggi)

On review of the whole record the Court found no misdirection by the trial judge: credible direct evidence (SP3, SP8, SP9) corroborated by documentary receipt and the totality of circumstantial evidence proved beyond reasonable doubt that the appellant forged part of P2 (the title) with intent to use it to deceive; statutory scheme under MACC Act validly supported prosecution and there was no procedural prejudice; therefore conviction and the three-year custodial sentence plus RM50,000 fine (or 15 months default) were correctly imposed and are upheld.