Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sentence commencement/remand credit

Legal area

Court

24 Nov 2023

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

Citation

WA-45JT-9-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-9-08/2021 (Mahkamah Tinggi)

The Court dismissed the prosecution's appeal because the sentence imposed was the maximum permitted by statute and established authorities require that the accused's remand period be taken into account, so the sentence must run from the date of arrest (20 June 2021).
24 Nov 2023

[ ] SAGADEVAN A/L SINNAYA

Citation

WA-45JT-17-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-17-08/2021 (Mahkamah Tinggi)

The Court held that the remand period must be taken into account so the sentence was to run from the date of arrest; guilty plea and first offender status are mitigating but did not preclude imposing the statutory maximum under the alternative charge; accordingly both the accused's appeal against sentence and the prosecution's cross-appeal for a heavier sentence were dismissed.