Malaysia Case Law: Decisions & Judgments

Topic

Possession of ammunition

Legal area

Court

15 Mar 2022

MOHD ZAMRI BIN SAAD

Citation

AB-41H-6-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AB-41H-6-04/2021 (Mahkamah Tinggi)

Court held convictions were safe because appellants pleaded guilty unequivocally and had identified exhibits by photographs; absence of physical production did not vitiate prosecution. Burden to prove existence of a valid firearm licence rested on the appellants. However, the Magistrate's terms of imprisonment were excessive given ages, dependants, lack of prior convictions and circumstances; therefore the court affirmed convictions but interfered with sentence and substituted monetary fines: 1st Appellant fined RM5,000 in default two months' imprisonment; 2nd Appellant fined RM2,500 on each…
15 Mar 2022

ABDUL HALIM BIN SAAD

Citation

AB-41H-5-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AB-41H-5-04/2021 (Mahkamah Tinggi)

Convictions were safe because the appellants entered unequivocal, informed guilty pleas and identified exhibits by photographs; failure to produce physical exhibits was not fatal. However the Magistrate's custodial sentences were excessive given appellants' personal circumstances, absence of violence, and lack of previous convictions; public interest is better served by substantial fines in this case, so sentences were substituted with fines (1st appellant RM5,000 in default 2 months' imprisonment; 2nd appellant RM2,500 per charge totalling RM7,500 in default one month per charge to be served…
11 Apr 2021

SARAVANAN A/L M. MARIAPAN

Citation

JB-JB-42S-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JB-JB-42S-1-01/2019 (Mahkamah Tinggi)

The High Court dismissed the appeal and affirmed the Sessions Court sentences because the trial judge applied correct sentencing principles, the offences (possession of a serviceable firearm and ammunition) were serious, the limited mitigation did not outweigh public interest and deterrence, and there was no demonstrable error warranting appellate interference.

Malaysia Case Law

MOHD ZAMRI BIN SAAD

ABDUL HALIM BIN SAAD

SARAVANAN A/L M. MARIAPAN