Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Youth offender mitigation

Legal area

Court

2 Aug 2023

ASHLEY ROLAND ROBERN [ ]

Citation

B-09(H)-307-08/2022 (Mahkamah Rayuan)
Court

H
Case number

B-09(H)-307-08/2022 (Mahkamah Rayuan)

The Court of Appeal found no error in the Sessions Court's exercise of sentencing discretion, held that the Sessions Court had properly considered mitigating factors including the appellant's youth and social report, concluded the High Court should not have increased the sentence, and restored the original sentences of five years imprisonment and one stroke of the rotan for each conviction while maintaining orders for counselling and police supervision.
19 Jan 2022

PARAMASWARAN A/L APPATHURAI

Citation

BA-41H-2-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-41H-2-01/2021 (Mahkamah Tinggi)

The High Court dismissed the prosecution's appeal and refused to disturb the magistrate's sentence because the magistrate had properly considered relevant factors and exercised discretion lawfully; given the respondent's youth, first offence, early plea, remorse, family sureties and pandemic considerations the good conduct bond and driving disqualification were a proper, non-manifestly excessive sentence under s.42(1) Road Transport Act 1987.