Malaysia Case Law: Decisions & Judgments

Topic

Sentence commencement date

Legal area

Court

4 Mar 2024

KUMALROLZAMAN BIN RAHMAN

Citation

JA-83D-1091-02/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-83D-1091-02/2024 (Mahkamah Majistret)

The magistrate properly accepted the guilty pleas in compliance with s173 CPC and relevant authorities; in absence of evidence of re-arrest or lawful basis to backdate, s282(d) requires sentences to take effect from date passed (conviction 4 March 2024); after considering maximum penalty, relevant mitigating and aggravating factors, drug types and weights, sentencing trends and public interest, a custodial term of 6 months for each offence was appropriate and ordered to run concurrently from date of conviction.
24 Nov 2023

[ ] MOHAMAD FAISAL BIN MOHAMAD SHARIF

Citation

WA-45JT-18-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-18-08/2021 (Mahkamah Tinggi)

The court dismissed the Public Prosecutor's appeal and held that the period of remand must be taken into account when fixing the sentence; accordingly the sentence of three years imprisonment and fine RM4,000 in default one year imprisonment is to run from the date of arrest (20 June 2021).
24 Nov 2023

[ ] LOGESWARAN A/L RAVINDRAN

Citation

WA-45JT-20-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45JT-20-08/2021 (Mahkamah Tinggi)

The Court held that the remand period must be taken into account when imposing sentence and therefore the sentence as imposed by the High Court (three years imprisonment and a fine of RM4,000 in default one year) stands and is to be considered from the date of arrest (20 June 2021); the prosecution's appeal against the sentence is dismissed.
20 Jun 2022

NUR HALIIF AMIERUL BIN ROSLIM

Citation

JD-62D-87-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JD-62D-87-06/2022 (Mahkamah Sesyen)

Given the accused's repeated convictions for the same statutory offence and the public interest in deterrence, the statutory minimum sentence of five years imprisonment, one stroke of the cane and three years supervision is appropriate; the sentence must run from the date of conviction (20 June 2022) because the accused was not charged in this court prior to that date; the appeal to backdate or alter the sentence is dismissed.

Malaysia Case Law

KUMALROLZAMAN BIN RAHMAN

[ ] MOHAMAD FAISAL BIN MOHAMAD SHARIF

[ ] LOGESWARAN A/L RAVINDRAN

NUR HALIIF AMIERUL BIN ROSLIM