Malaysia Case Law: Decisions & Judgments

Topic

Section 326a penal code

Legal area

Court

31 Jan 2025

BOBBY BIN JUNIT

Citation

JC-83-35-01/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JC-83-35-01/2025 (Mahkamah Majistret)

Court found accused guilty of an offence under section 323 read with section 326A Penal Code; interpreted s326A as amended to afford judicial discretion (imprisonment may extend to twice maximum) rather than mandating a fixed double term; concluded s323 read with s326A is not compoundable and a good behaviour bond is not available for domestic violence offences; balancing public interest, prior conviction, guilty plea and mitigation, imposed imprisonment of 3 months from date of arrest (28.1.2025).
15 Aug 2024

HANEY SHAM BIN ABDUL HAMID

Citation

AG-83-108-08/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AG-83-108-08/2024 (Mahkamah Majistret)

The trial court lawfully exercised its sentencing discretion: it accepted unqualified guilty pleas but held that plea did not mandate leniency; after weighing seriousness, factual admissions, prior record and public interest in deterring domestic violence, the imposed sentences (12 months + RM3,000 fine or 3 months; and 4 months consecutive) fell within statutory limits and were proportionate and justified.
25 May 2023

MOHD HAZLI BIN MAHYEDDIN

Citation

AB-83-231-05/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-83-231-05/2020 (Mahkamah Majistret)

The court found the prosecution proved all elements of s323 read with s326A beyond reasonable doubt: the accused and victim were spouses, medical and testimonial evidence established injury (minimal bruising to left thigh), accused acted with knowledge or intent likely to cause hurt, and the defence of grave and sudden provocation failed as the alleged scratching and subsequent events were neither grave nor sudden; defence failed to raise reasonable doubt and conviction and sentence were upheld.
8 Jun 2022

ZAHARI BIN MAN

Citation

MA-83-641-06/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-83-641-06/2022 (Mahkamah Majistret)

The court accepted the guilty plea as unequivocal and properly explained, found the conviction proven, and held that an eight‑month custodial sentence (to run from 03/06/2022) is lawful, proportionate and justified after balancing mitigation (first offender, family dependents, plea) against aggravating factors (injury to child, trauma, public interest and deterrence) and statutory scope under Sections 323 and 326A Penal Code.
10 Feb 2021

PENDAKWARAYA P.Sirangam A/L Perumal

Citation

JG-83-50-02/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JG-83-50-02/2021 (Mahkamah Majistret)

The court held that an offence under s.323 read with s.326A is non-compoundable and attracts mandatory imprisonment (up to two years for s.323/326A); a good behaviour bond cannot be ordered; PKW was inappropriate due to the defendant's age and infirmity; balancing statutory mandate and mitigating factors (age 66, health, first offender, guilty plea, minor injury to victim and COVID-19 risks), the appropriate sentence was one day imprisonment from date of conviction.
12 Oct 2020

PENDAKWARAYA Mohd Yazid Bin Turot

Citation

JG-82-02-10/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JG-82-02-10/2019 (Mahkamah Majistret)

Because section 254A CPC permits reinstatement of trial on recharge and thereby renders a DNAA non-final, and because the Public Prosecutor applied for DNAA exercising exclusive prosecutorial discretion, the DNAA order was not a final order and thus not appealable; the appeal is dismissed.

Malaysia Case Law

BOBBY BIN JUNIT

HANEY SHAM BIN ABDUL HAMID

MOHD HAZLI BIN MAHYEDDIN

ZAHARI BIN MAN

PENDAKWARAYA P.Sirangam A/L Perumal

PENDAKWARAYA Mohd Yazid Bin Turot