Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Prosecution appeal

  • 13 Jan 2025

    BUSTAMI BIN PAWANG AMIRUDDIN

    Citation
    MA-83D-3776-08/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MA-83D-3776-08/2024 (Mahkamah Majistret)

    The court accepted the unequivocal early guilty plea and the mitigating factor of first offender status and gave credit accordingly, but weighed these against the need for deterrence and public interest (including messaging to foreign nationals). Having considered comparable sentencing trends, the court held that a fine of RM3000 with a default term of six months' imprisonment was appropriate and proportionate, and the sentence was therefore proper to uphold.

  • 31 Jul 2024

    PENAMA XXXX

    Citation
    AC-84-6-06/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AC-84-6-06/2024 (Mahkamah Majistret)

    The court accepted the probation report and considered the child's age (14), first offender status, family support, remorse and the absence of indicators requiring institutional detention; balancing public interest with the child's welfare the court held rehabilitation and supervision via a two‑year good behaviour bond under s.91(1)(b) read with s.93(1)(a)(b) Child Act 2001 (plus reporting to JKM and monthly psychology sessions) was proportionate and appropriate rather than custody.