Malaysia Case Law: Decisions & Judgments

Topic

Sentence concurrency

Legal area

Court

10 Jul 2025

HAFIZ FARHAN BIN AZIZUL

Citation

AP-83D-171-04/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AP-83D-171-04/2025 (Mahkamah Majistret)

Magistrate held the 1 year sentence must run consecutively after completion of the 5 year sentence in AB-62D-55-04/2025 because the offences arose from different transactions occurring nearly a year apart, the accused is a recidivist, the totality principle is not breached, and public interest and deterrence justify a consecutive order under s292 CPC.
29 Dec 2022

AHMAD ZAWAWI BIN ABDUL RAHIM

Citation

AA-42GS-6-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42GS-6-04/2021 (Mahkamah Tinggi)

The High Court found the prosecution proved that the appellant submitted false GST‑03 statements which produced unjustified input tax credits and refunds; section 89(6) GST Act presumption applied and the appellant failed to rebut it on the balance of probabilities; procedural irregularity in the Sessions Court's reliance on section 180 CPC did not vitiate the trial; accordingly convictions were safe and sentences of three years per count (to run concurrently) were lawful; applications for repayment under section 122 failed for lack of Director General's certificate and stay of execution was…
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

HAFIZ FARHAN BIN AZIZUL

AHMAD ZAWAWI BIN ABDUL RAHIM

MOHD ANUAR BIN KASSIM