Malaysia Case Law: Decisions & Judgments

Topic

Sentence commencement

Legal area

Court

27 Apr 2026

[Timbalan (TPR), Jabatan Peguam Negara] RADIN IMRAN BIN RADIN MOHD YASSIN

Citation

WA-45SO-8-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45SO-8-09/2024 (Mahkamah Tinggi)

Given the gravity of the offences, the causal link between inculcated ideology and fatal attack, the overwhelming evidence and the public interest in deterrence, the court held that guilty pleas warranted only limited mitigation and imposed concurrent custodial sentences of 30 years for the principal terrorism counts and shorter concurrent terms for ancillary counts, to run from date of arrest 17/5/2024; appeals against sentence were dismissed.
10 Apr 2026

[Timbalan (TPR), Jabatan Peguam Negara] KHAIRUL REDZUAN BIN JUHARI

Citation

WA-45A-3-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-3-01/2025 (Mahkamah Tinggi)

The court convicted because direct evidence showed the defendant had control of the vehicle and led police to the bag; the bag contained 1529.7g methamphetamine which triggers the statutory presumption of trafficking under s37(da) Dangerous Drugs Act 1952; the defence explanation involving a third party arose late, lacked contemporaneous corroboration and did not create reasonable doubt; inconsistencies in spouse testimony and absence of compelling exculpatory evidence meant prosecution discharged its burden of proof and defendant was guilty.
23 Oct 2025

MUHAMAD AZWAN BIN ZAKARIA

Citation

T-09(H)-12-02/2025 (Mahkamah Rayuan)
Court

H
Case number

T-09(H)-12-02/2025 (Mahkamah Rayuan)

The Court of Appeal found the High Court erred in directing that the sentence commence from the pathology report date because that alteration conflicted with sections 282 and 292 CPC and improperly interfered with the Attorney General's prosecutorial discretion under Article 145(3) and section 376; accordingly the High Court order was set aside and the Sessions Court sentence reinstated to commence from the date of conviction (26 August 2024).
29 May 2025

1. ) MUHAMMAD SUHAIRY BIN OSMAN 2. ) MUHAMMAD NORHANDIGA BIN NORCHOLES

Citation

WA-62RS-150-09/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62RS-150-09/2024 (Mahkamah Sesyen)

Guilty pleas attracted mitigation but were outweighed by the gravity of gang robbery and public interest in deterrence; balancing statutory maximum, seriousness, guilty plea and remand time, court imposed four years imprisonment and three strokes, sentence to run from date of arrest (15/9/2024).
24 Nov 2023

[ ] NANTHA KUMAR A/L RAJENDRAN

Citation

WA-45JT-12-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-12-08/2021 (Mahkamah Tinggi)

The court held that remand/detention period must be taken into account when calculating sentence and therefore the sentence was correctly treated as commencing from the date of arrest; because the court had imposed the maximum statutory term, the Public Prosecutor's appeal against adequacy of sentence was dismissed.
24 Nov 2023

[Timbalan (TPR), Jabatan Peguam Negara] THINESH A/L MURUGAN

Citation

WA-45JT-15-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-15-08/2021 (Mahkamah Tinggi)

The appeal by the Public Prosecutor was dismissed because the trial court had already imposed the maximum statutory sentence (three years) and, following binding authorities, the period of remand from arrest must be credited; guilty plea and first offender status are mitigating factors but did not reduce the maximum sentence imposed.
13 Sept 2023

KHAIRUL HISHAM BIN HALIM

Citation

TA-83D-627-05/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83D-627-05/2022 (Mahkamah Majistret)

Defendant convicted under Section 15(1)(a) Dangerous Drugs Act 1952 for consuming methamphetamine/amphetamine; court sentenced to 20 months imprisonment to run from date of arrest (16 February 2022) plus three years AADK supervision, having exercised discretion under s.282(d) CPC to credit lengthy remand (>18 months) and balanced public interest, full trial and first offender status in mitigation.
10 Feb 2023

SHAN A/L THEIVANTHIRAN

Citation

AA-62K-15-04/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-62K-15-04/2021 (Mahkamah Sesyen)

The court convicted the accused under section 409 Penal Code on his guilty plea and sentenced him to 5 years imprisonment (within statutory 2–20 years), imposed a RM10,000 fine in default 10 months imprisonment, ordered no whipping due to age, and directed the imprisonment to run from the date of conviction.
19 Jan 2023

[TIMBALAN ] MOHD FADLI BIN KAMARAZAMAN

Citation

CB-43-5-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-43-5-11/2022 (Mahkamah Tinggi)

The High Court held the record (nota keterangan) plainly showed the Sessions Judge intended counts 2 and 3 to run concurrently after completion of count 1; that sentencing was within the Sessions Court's jurisdiction and not illegal or improper; therefore no revision under s.323 was warranted and the revision application was dismissed.
20 Sept 2022

MOHD HAFIIDZ BIN AWANG

Citation

TA-83D-1246-09/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83D-1246-09/2022 (Mahkamah Majistret)

The court accepted the guilty plea as valid and the factual basis as Exhibit P1, applied sentencing principles prioritizing public interest and the significant quantity of methamphetamine (19.27g), exercised its discretion under s.282(d) CPC to order the 30‑month imprisonment to run from the date of conviction (20.9.2022), and imposed 3 strokes of the rotan; the sentence was held to be proportionate and not excessive given statutory limits and deterrent need.