Malaysia Case Law: Decisions & Judgments

Topic

Sentencing precedents

Legal area

Court

25 Mar 2025

MOHAMMAD ALIFF BIN AZHAR [ ]

Citation

K-05(SH)-15-01/2024 (Mahkamah Rayuan)
Court

SH
Case number

K-05(SH)-15-01/2024 (Mahkamah Rayuan)

The Court found the appellants' defences inconsistent, lacking supporting evidence and therefore not credible; prosecution proved possession and knowledge on balance beyond reasonable doubt, accepted the plea to the alternative charge under section 12(2) Dangerous Drugs Act 1952, and on assessment of precedents and public interest substituted the High Court's life sentences with fixed terms of imprisonment of nine years from date of arrest and ten strokes.
25 Mar 2025

MOHD ZULHAIMY BIN MOHD JANI [ ]

Citation

K-05(SH)-8-01/2024 (Mahkamah Rayuan)
Court

SH
Case number

K-05(SH)-8-01/2024 (Mahkamah Rayuan)

The Court allowed the appeals and substituted the High Court's life imprisonment and 12 strokes with a term of nine years imprisonment from date of arrest and ten strokes because the appellants had pleaded guilty to the alternative charge under section 12(2) ADB 1952, mitigation and comparable appellate precedents justified a finite custodial term proportional to 24.2 grams of Monoacetylmorphines while protecting public interest.
14 Jan 2025

MUHAMMAD AISMAT AMIR BIN ZAINAL

Citation

B-05(SH)-397-09/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-397-09/2023 (Mahkamah Rayuan)

Court allowed amendment of the first charge to section 6 Dangerous Drugs Act 1952, accepted the appellants' guilty pleas to the amended charge, quashed the earlier conviction and life sentence under s39B, and imposed a calibrated sentence of nine years' imprisonment and ten strokes based on the weight of cannabis (502.9g), mitigation, public interest and relevant appellate precedents.
14 Jan 2025

MUHAMMAD AISMAT AMIR BIN ZAINAL

Citation

B-05(SH)-396-09/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-396-09/2023 (Mahkamah Rayuan)

The Court accepted the prosecution's amended charge under section 6 ADA 1952 (to be punished under s39A(2)), allowed the appeals in part by setting aside the prior conviction under s39B(1)(a) and life sentence, convicted appellants on the amended charge and imposed nine years' imprisonment from date of arrest (7 October 2020) and ten strokes, and permitted withdrawal of the appeals against charges two and three, the sentence being fixed after regard to mitigation, public interest and sentencing precedents.
14 Jan 2025

MUHAMMAD FAIZ BIN MOHD ISA

Citation

B-05(SH)-394-09/2023 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-394-09/2023 (Mahkamah Rayuan)

The Court accepted the prosecution's amended charge under section 6 DDA 1952 punishable under section 39A(2) due to accepted representation and the appellants' guilty pleas; having weighed mitigating factors, lack of exclusive control over the premises, and sentencing precedents for comparable Cannabis quantities, the appropriate sentence is nine years' imprisonment from arrest date (7 October 2020) and ten strokes, and the prior convictions under section 39B(1)(a) and life sentences were set aside and substituted accordingly.
31 May 2023

RAHIM BIN OMAR

Citation

KA-45A-64-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-64-11/2022 (Mahkamah Tinggi)

Court accepted guilty pleas and mitigation but prioritized public interest and deterrence in light of statutory maxima and recent sentencing trends for s39A(2) offences; concluded that concurrent custodial terms of 12 years and 15 years (both backdated to date of arrest) were appropriate and not manifestly excessive; whipping was excluded due to accused's age under s289(c) KTJ.
13 Dec 2021

PENDAKWARAYA AKHLAS (NO. PASSPORT: XD973302)

Citation

CB-45B-4-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45B-4-09/2020 (Mahkamah Tinggi)

Having accepted the admitted facts and weighed aggravating factors (death caused, manner of commission) against mitigating factors (guilty plea, first offender status, remorse and personal circumstances) and relevant appellate authority, the court convicted the accused under Section 304(a) and imposed 14 years imprisonment effective from 29.01.2019 as a proportionate sentence.
25 Nov 2021

PENDAKWARAYA HONG WEI HUANG

Citation

JB-45A-12-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JB-45A-12-12/2018 (Mahkamah Tinggi)

Accused convicted on guilty plea to possession of 52.04g methamphetamine under s.12(2) read with s.39A(2); after weighing mitigating factors (first offender, family responsibilities, remorse, guilty plea) against the gravity of the offence and public interest in deterrence, the appropriate sentence is 14 years' imprisonment and 10 strokes, to run from date of arrest 24 August 2018.