17 Nov 2023
Mohamad Feisal Bin Zainal Abidin
- Citation
- WA-83D-8962-09/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-83D-8962-09/2022 (Mahkamah Majistret)
The court held that s.294 CPC may be applied notwithstanding a mandatory minimum imprisonment in the statute for the offence; applying the statutory criteria and case law, and weighing mitigating factors (first offender status, serious ill-health including HIV, time already spent in custody, family dependents, cooperation and remorse) against public interest, the magistrate exercised discretion to release the accused on a bond of good conduct under s.294 for the first charge and imposed a fine for the second charge as a proportionate sentence.