Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mandatory caning exemption

  • 8 Aug 2024

    SAUFI BIN EMBONG

    Citation
    CA-45-15-12/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CA-45-15-12/2022 (Mahkamah Tinggi)

    Court held that although Malaysian procedure contains no express provision like Singapore permitting a fixed imprisonment replacement for caning, the court has discretion to enhance imprisonment where an offender is exempted from caning; applying that discretion and weighing seriousness, quantities of drugs, recidivism and lack of mitigating factors, the sentences of 15 years' imprisonment for the first count and 10 years' imprisonment for the second count, to run concurrently, were appropriate and not excessive; no caning imposed due to statutory age exemption.

  • 8 Aug 2024

    SAUFI BIN EMBONG

    Citation
    CA-45A-24-12/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CA-45A-24-12/2022 (Mahkamah Tinggi)

    Court held that Malaysian courts possess discretion to enhance imprisonment where an offender is exempted from mandatory caning, but such enhancement is only justified if specific factors (seriousness, need to replace deterrent/retributive effect, parity, offender's record, absence of mitigating medical or compassionate grounds) are present. Applying those factors to this offender, the court imposed 15 years imprisonment for the first count and 10 years imprisonment for the second count to run concurrently and declined caning due to statutory age exemption.