Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Sentencing reduction
  • 26 Nov 2019

    Abd Khalid Bin Hussin

    Citation
    AB-42S-7-06/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-42S-7-06/2019 (Mahkamah Tinggi)

    Appellate court reduced total imprisonment to 15 years (5 years under section 354 to remain; 20 years under section 376B reduced to 10 years) to reflect mitigating factors (age, guilty plea, first offence) while upholding the need to denounce and protect victims; whipping order was set aside as illegal because section 376B is not within the exceptions to section 289 CPC for males over fifty; police supervision order under section 295(1A) was set aside because the provision does not specifically reference incest under section 376B.