CRIMINAL LAW: Sentencing
4 cases · October 2025 to January 2026
Case Volume by Year
3 25
1 26
2025–2026
Key Issues & Sub-Topics
Murder — Penal Code s 302 — Mitigation — Sudden quarrel and lack of premeditation — Accused a young first-time offender — Whether circumstances warranted the death penalty — Exercise of judicial discretion — Sentence of 30 years' imprisonment and 12 strokes of the cane. 1 Sexual offence against child — Whether sentence of eight years' imprisonment and five strokes of rattan manifestly excessive — Sentencing principles — Gravity of offence — Vulnerability of victim — Whether rehabilitation counselling under section 26 of Act 792 correctly ordered 1 Offence under s 165 Penal Code — Sentence of twenty months' i 1 Appeal against sentence — Robbery under section 392 of Penal Code — Whether sentence manifestly excessive — Guilty plea discount — Whether discount of one-quarter to one-third properly applied for guilty plea — Whether trial court erred in determining appropriate sentence after guilty plea — Whether proper methodology applied in calculating sentence — Role of appellate court in interfering with sentences imposed by trial courts — Whether appellate court should exercise restraint — Whether public interest considerations can override guilty plea discount principle — Whether seriousness of offence negates requirement to give meaningful discount for guilty plea — Balancing of mitigating and aggravating factors — Whether personal circumstances and family hardship are relevant mitigating factors — Whether first offender status relevant — Whether recovery of stolen property relevant to sentencing — Whether absence of weapon and injury to victim relevant considerations — Proportionality in sentencing — Whether sentence should reflect both deterrence and mitigation 1
Murder — Penal Code s 302 — Mitigation — Sudden quarrel and lack of premeditation — Accused a young first-time offender — Whether circumstances warranted the death penalty — Exercise of judicial discretion — Sentence of 30 years' imprisonment and 12 strokes of the cane. 1 case
Sexual offence against child — Whether sentence of eight years' imprisonment and five strokes of rattan manifestly excessive — Sentencing principles — Gravity of offence — Vulnerability of victim — Whether rehabilitation counselling under section 26 of Act 792 correctly ordered 1 case
Offence under s 165 Penal Code — Sentence of twenty months' i 1 case
Appeal against sentence — Robbery under section 392 of Penal Code — Whether sentence manifestly excessive — Guilty plea discount — Whether discount of one-quarter to one-third properly applied for guilty plea — Whether trial court erred in determining appropriate sentence after guilty plea — Whether proper methodology applied in calculating sentence — Role of appellate court in interfering with sentences imposed by trial courts — Whether appellate court should exercise restraint — Whether public interest considerations can override guilty plea discount principle — Whether seriousness of offence negates requirement to give meaningful discount for guilty plea — Balancing of mitigating and aggravating factors — Whether personal circumstances and family hardship are relevant mitigating factors — Whether first offender status relevant — Whether recovery of stolen property relevant to sentencing — Whether absence of weapon and injury to victim relevant considerations — Proportionality in sentencing — Whether sentence should reflect both deterrence and mitigation 1 case
Key Statutes
Penal Code (Cap 574)
cited in 3 cases Criminal Procedure Code
cited in 2 cases Malaysian Maritime Enforcement Agency Act 2004
cited in 1 case Merchant Shipping Ordinance 1952
cited in 1 case MACC Act 2009
cited in 1 case Evidence Act
cited in 1 case
cited in 1 case
Evidence Act 1950 (Cap 56)
cited in 1 case Court Distribution
Key People & Firms
Top Firms
Top Lawyers
Iskandar Shah bin Ibrahim 1 Mohamad Adhallan Syafiq bin Azami 1 Lydia Salleh 1 Mohd Fazaly Ali Bin Mohd Ghazaly 1 Dato' Sukri bin Hj Mohamed 1 Syed Muhd Syafiq bin Syed Abu Bakar 1 Chan Lee Lee 1 Dahlia Tan Pui San 1 Mohamad Afdhallan Syafiq bin Azmy 1 Nur Farah Wahidah binti Shahudin 1 Umar Faiz bin Abdul Kohar 1 Freda Sabapathy 1
Cases
ja-45b-2-03-2020
PENDAKWA RAYA Pendakwa Raya TERTUDUH ZHU JIA HONG
29 January 2026
MYHC
ja-42jsks-11-04-2025
MOHAMAD ABU AKKAS v Pendakwa Raya
29 December 2025
MYHC
ja-42r-2-06-2025
MOHD ZULFADLI BIN NAYAN v Pendakwa Raya
16 December 2025
MYHC
ja-42h-1-03-2025
ANNUAR BIN JALIE v Pendakwa Raya
14 October 2025
MYHC