Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Supervision order under rehabilitation statute
  • 3 Mar 2023

    SAWINDRAN A/L SUBRAMANIAM

    Citation
    BK-62D-18-03/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BK-62D-18-03/2023 (Mahkamah Sesyen)

    Accused's plea was valid and voluntary under s173 and Lee Eng Tuck; accused's seven prior convictions trigger Section 39C(1) thereby imposing mandatory minimum imprisonment of five years and up to three strokes; court exercised discretion within statutory bounds, accepted limited mitigation from plea but gave greater weight to public interest and recidivism; accordingly convicted and sentenced to five years' imprisonment from 2 March 2023, one stroke, and two years' police supervision under Section 38B to commence after imprisonment.