Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of life imprisonment

Legal area

Court

4 Jun 2025

[ ] RAFAEL NUNEZ PAZ

Citation

BA-45A-33-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-33-03/2024 (Mahkamah Tinggi)

On the accused's guilty plea and admitted facts, the Court convicted under s178(2) CPC and, applying Act 846 read with Section 39B DDA 1952, imposed life imprisonment as the prescribed alternative to death; 'life imprisonment' is treated as thirty years under s3 Criminal Justice Act 1953 and relevant authority; no whipping imposed due to accused's age under s289(c); public interest and deterrence justify the severe sentence despite mitigating factors.
30 Jul 2023

[ ] 1. ) SAIFUL ANWAR BIN AHMAD MUSELIM 2. ) MOHAMAD AFFANDI BIN KAMARUDIN

Citation

DA-45A-9-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-45A-9-02/2020 (Mahkamah Tinggi)

Court found prosecution proved possession and distribution of four methamphetamine consignments by direct evidence and statutory presumptions under s37(da); defendants' explanations were late, inconsistent and not credible; court exercised discretion to avoid death penalty despite seriousness, but corrected the sentence for the s39B(1) offence to life imprisonment (to be treated as thirty years) and ordered other sentences as imposed to run concurrently from date of arrest.