27 Jun 2024
(Mahkamah Tinggi)
- Citation
- (Mahkamah Tinggi)
- Court
- High Court
- Case number
- (Mahkamah Tinggi)
The High Court held that the additional RM500 per day penalty in section 56(3) Akta 177 is a statutory sentencing provision tied to the same offence (not the creation of a new offence) and therefore the Magistrate was empowered to impose it; the proviso to section 87(1) Akta 92 permits the Magistrate to award the full punishment authorized by the statute; the presence of the Deputy Public Prosecutor during trial satisfied the requirement of prosecution 'by the Public Prosecutor' so written consent was not fatal; accordingly convictions and sentences were upheld.