Malaysia Case Law: Decisions & Judgments

Topic

Section 292 criminal procedure code

Legal area

Court

24 Dec 2020

MUHAMMAD FADHLI BIN A. RAHMAN

Citation

JB-42H-1-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42H-1-01/2020 (Mahkamah Tinggi)

The High Court found no reason to disturb the Sessions Court. Applying s.292 CPC and appellate precedents, the offences were distinct and not part of a single transaction; public interest and seriousness justified ordering the drug sentence to commence after the earlier robbery sentence, therefore the appeal was dismissed and the lower court's consecutive commencement was affirmed.
24 Dec 2020

NORVIZAN BIN MD SAPARI

Citation

JB-41H-5-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-41H-5-01/2020 (Mahkamah Tinggi)

Typographical error in the record did not vitiate the magistrate's sentencing decision; s292 CPC confers discretion whether a new sentence runs immediately or after a current sentence and established authorities favour commencement after existing sentence unless exceptions apply; appellant failed to show any legal error or misapplication of principle by the magistrate, therefore the appeal against sentence is dismissed and the magistrate's order is affirmed.
24 Dec 2020

MOHD ANUAR BIN KASSIM

Citation

JB-42H-8-8/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42H-8-8/2020 (Mahkamah Tinggi)

Appellate court held the trial judge correctly exercised the discretion under s.292 CPC to order consecutive sentences given the gravity of the offences (rape of minors including appellant's daughter), breach of parental trust, and public interest; mitigation did not outweigh factors justifying consecutive 20-year terms and 12 strokes each so appeal dismissed.

Malaysia Case Law

MUHAMMAD FADHLI BIN A. RAHMAN

NORVIZAN BIN MD SAPARI

MOHD ANUAR BIN KASSIM