Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mandatory whipping

  • 24 Aug 2025

    MOHD ALI BIN JAAFAR

    Citation
    KA-45-17-05/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45-17-05/2022 (Mahkamah Tinggi)

    Court accepted that the accused's guilty pleas were voluntary and informed but prioritized public interest and deterrence given the substantial quantity of methamphetamine (153.18g) and additional heroin possession; having weighed mitigation (first offender status, health, family) against aggravating factors and statutory ranges, court sentenced the accused to 8 years imprisonment and 10 strokes for the substituted methamphetamine possession charge and 2 years imprisonment and 3 strokes for the heroin possession charge, to run concurrently; whipping may be withheld if medical confirmation sho…

  • 12 Aug 2022

    ABIDIN BIN ABDULLAH [ ]

    Citation
    BA-42JSKH-12-10/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKH-12-10/2021 (Mahkamah Tinggi)

    The High Court upheld the sentencing judge's exercise of discretion as lawful and appropriate: the sentencing judge properly considered aggravating factors (abuse of trust, harm to child, public interest and deterrence), applied relevant statutory provisions (s14 and s16(1) Act 792), and the aggregate sentence (15 years' imprisonment concurrent for each count, mandatory whipping) was not manifestly excessive or wrong in law; therefore the appeal against sentence is dismissed.