Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Mitigation pleas
  • 4 Mar 2021

    NUR FARIZA BINTI ZAINUDIN

    Citation
    JB-41H-82-12/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-41H-82-12/2019 (Mahkamah Tinggi)

    High Court found the Magistrate misdirected herself by recording that the appellant had no dependents despite mitigation evidence she was a single mother with four children (including a 10-month-old), and by failing to consider imposition of a fine; after admitting and considering AADK rehabilitation evidence (D6) the Court held intervention was justified and substituted the Magistrate's 10-month custodial sentence with a RM5,000 fine (4 months imprisonment in default) plus two years police supervision under s38B of the Dangerous Drugs Act 1952.