Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sentencing (concurrent vs consecutive)
  • 25 Feb 2020

    PENDAKWARAYA FAIZUL BIN ASMAN

    Citation
    JG-83D-52-02/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JG-83D-52-02/2020 (Mahkamah Majistret)

    The guilty plea was valid and bars appeal against conviction under s305 CPC; on sentencing, the court balanced mitigation against repeated breaches and public interest in deterrence, found the offences arose from separate supervision orders at different times involving different drugs and thus did not constitute one transaction, and concluded consecutive sentences were appropriate because aggregate imprisonment (30 months) was not excessive relative to statutory maximum (36 months) and guilty-plea credit was limited due to prior similar offences; accordingly imposed 15 months imprisonment to…