23 Oct 2020
KHOR HONG TIK
- Citation
- PA-41H-7-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-41H-7-03/2020 (Mahkamah Tinggi)
Section 427 Penal Code does not make imprisonment mandatory; the magistrate failed to give adequate weight to the statutory discretion and mitigating factors (first offender, immediate guilty plea, restitution, primary breadwinner), rendering the 12-month custodial sentence unduly harsh. The appropriate sentence is a fine (non-custodial) of RM10,000 with a default term of six months' imprisonment.