Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Victim impact

  • 9 Oct 2025

    1. ) KHALID REDZA BIN SHUIB 2. ) NURSHAFWANI BINTI KHALID REDZA

    Citation
    NA-45B-4-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    NA-45B-4-06/2023 (Mahkamah Tinggi)

    The court accepted the accused's guilty pleas to reduced offences under section 304(a) but afforded limited mitigation because the pleas followed written representations resulting in charge reductions; given the aggravating factors (abuse of vulnerable victims, concealment of bodies), the need to protect public interest and absence of transactional nexus between the two offences, the appropriate sentences are 15 years for Case No.7 and 17 years for Case No.4, to run consecutively.

  • 6 Dec 2024

    Mohammad Bakhari bin Abd Ghani

    Citation
    AC-62JSK-15-04/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AC-62JSK-15-04/2024 (Mahkamah Sesyen)

    Court accepted guilty plea to s.354 Penal Code and imposed 3 years imprisonment and RM5000 fine (6 months default) because the factual conduct (fondling, attempted penetration of undergarment, warnings to victim) was serious, caused significant trauma to an 11-year-old and was aggravated by the familial relationship; defence mitigation was insufficient to justify a lighter sentence.

  • 14 May 2024

    HASSAN BIN AHMAD

    Citation
    AA-42H-14-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42H-14-08/2023 (Mahkamah Tinggi)

    The appellant failed to demonstrate that the Sessions Court erred in principle or imposed a manifestly excessive sentence; the judge lawfully ordered consecutive sentences because the two rapes were separated by a sufficient cooling-off period and involved fresh intention, making consecutive sentences appropriate and within statutory limits.

  • 14 Dec 2023

    MOHAMAD HAKIMI BIN SADERI

    Citation
    DA-83-757-12/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DA-83-757-12/2023 (Mahkamah Majistret)

    Appellant's early guilty plea and lack of antecedents attracted mitigation but were outweighed by the gravity of extortion against his mother, the deliberateness of the conduct and public interest in deterrence; therefore the sentence of one year imprisonment from arrest and a RM3000 fine (or 8 months default) is appropriate and is affirmed.

  • 16 Aug 2023

    HASSAN BIN AHMAD

    Citation
    AA-62JS-1-04/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AA-62JS-1-04/2023 (Mahkamah Sesyen)

    Guilty plea accepted but did not warrant substantial reduction given premeditation, serious violence, multiple rapes, and severe physical and psychological harm to victim; sentences imposed were within statutory limits and consecutive terms were appropriate to reflect distinct offences and public interest.

  • 16 Aug 2023

    HASSAN BIN AHMAD

    Citation
    AA-83-479-04/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AA-83-479-04/2023 (Mahkamah Majistret)

    Accused guilty on three charges; given the premeditation, violence, threats with weapon, repeated rapes while victim was bound and injured, and significant victim impact, custodial sentences within statutory limits were appropriate. Guilty plea did not mandate a discount sufficient to avoid substantial imprisonment. Distinct offences justified consecutive sentences: 20 years and 10 whips for first rape (s.376(2)(b)), 10 years and 10 whips for second rape (s.376(1)) to run consecutively, and 3 years for house-trespass (s.448) to run consecutively thereafter.

  • 4 Apr 2023

    [Timbalan (TPR), Jabatan Peguam Negara] 1. ) Vikneswaran A/l Suresh 2. ) Poobalan A/l Rumayah

    Citation
    WA-42H-12-06/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-42H-12-06/2022 (Mahkamah Tinggi)

    The Court allowed the Prosecution's appeal and increased each appellant's sentence from 9 to 10 years imprisonment and from 1 to 2 strokes because the original sentence was insufficient given the planned group robbery of an elderly victim, resulting trauma, and the need for deterrence, while still taking into account mitigating factors (youth, first offence, family and health circumstances) and imposing a nominal increase rather than a crushing term.

  • 24 Jun 2022

    MARZUKI BIN NASIRUDDIN

    Citation
    PB-62JSK-32-06/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    PB-62JSK-32-06/2021 (Mahkamah Sesyen)

    Court found accused guilty on admitted facts of incest/rape of his daughter; weighing public interest, gravity of offence, victim trauma and prevalence of such offences outweighed mitigation of guilty plea and first offender status; statutory framework permits severe punishment and court imposed 18 years imprisonment and 10 strokes plus supervisory and rehabilitative orders as proportionate deterrent and protection of public.

  • 20 Apr 2022

    PENAMA XXXX

    Citation
    AB-84-26-07/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AB-84-26-07/2020 (Mahkamah Majistret)

    Because the defendant committed multiple serious offences (two statutory rape counts and three extortion counts) against the same minor, caused demonstrable victim harm, and public interest and deterrence outweigh mitigation from youth and family undertakings, the Child Act's dispositional powers authorize placement at Sekolah Henry Gurney until age 21 with ancillary parental visitation and post-release supervision orders.

  • 20 Apr 2022

    PENAMA XXXX

    Citation
    AB-84-28-07/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AB-84-28-07/2020 (Mahkamah Majistret)

    Given two convictions for rape and three for extortion committed against the same minor, aggravated by recording and using those recordings to blackmail the victim, the court concluded the offences were sufficiently serious that public interest and victim protection outweighed a non-custodial bond; consequently the appropriate disposition under the Child Act is placement at Sekolah Henry Gurney with parental visitation and post-release supervision.