Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mandatory sentence

  • 23 Jun 2025

    [ ] MUHAMAD UMRAM FAISAL BIN MOHD AZHRI

    Citation
    DI-62JSK-11-07/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DI-62JSK-11-07/2024 (Mahkamah Sesyen)

    The Sessions Court correctly exercised its discretion under s.293(1)(b) read with s.294 KTJ to grant a two‑year good behaviour bond with one surety and a RM12,000 deposit to the accused who was a youthful offender at the time of the offence despite the offence under s.376(1) carrying a mandatory term of imprisonment, on grounds of age, early plea, remorse, delay in reporting and the public interest in rehabilitation.

  • 18 Jan 2023

    Muhammad Nizar Nufail Bin Abd Aziz [ ]

    Citation
    AA-41S-11-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-41S-11-11/2021 (Mahkamah Tinggi)

    Court affirmed the conviction; it accepted that imprisonment under s.42(1) Road Transport Act 1987 is mandatory in form but found the custodial sentence of six months to be inappropriate for a young first‑time offender; balancing public interest and mitigation and having regard to three days' remand, the court allowed the appeal against the incarceration element, substituted an increased fine of RM8,000 (in default six months imprisonment), and observed that remand must be credited and that a nominal custodial term (one day) would meet the statutory mandate though final handling of that issue…