20 Aug 2024
[ ] SAYED SHAHRIMAN BIN WAN AHMAD HUSSIEN
- Citation
- Q-09(H)-156-07/2023 (Mahkamah Rayuan)
- Court
- H
- Case number
- Q-09(H)-156-07/2023 (Mahkamah Rayuan)
The Court held that the sentencing provision in a charge is optional and does not form part of the charge; the Sessions Court was bound to impose the statutory minimum whipping under s39A(2) DDA 1952 notwithstanding the erroneous sentence in the amended charge. Because the Sessions Court imposed a lesser whipping and the plea process in the unrepresented accused's case was thereby rendered unsafe, the conviction and sentence were set aside and the matter remitted to the Sessions Court to retake the plea or for retrial.