Sentencing in Malaysia Essay

1935 Words8 Pages
Criminal trials are completed by the final verdict by the court in sentencing. The decision of sentencing is crucial as the consequences that follows involves important factors to all. The defendants will have to give in to the finale of the jurisdiction made based on the offence conducted. Sentencing process comes by from a various of routes that justifies the criminal offence. Section 173(b) Criminal Procedure Code (CPC) allows sentence if the accused offender pleads guilty. This is the basic nature of sentencing and the most convenient to the court while in Section 173(M)(ii) of Criminal Procedure Code states the definition of sentencing if the offender accused is found guilty by trials and supportive evidence to the conviction. The court imposes sentence is within judicial principles as stated in PP v Jafa Bin Daud [1981] to look upon the prescribed sentence under jurisdiction of minimum or maximum sentence. Maximum sentence is always prioritized in sentencing regarding the circumstances of case particularly. The court puts consideration when passing a sentence to take in account of all factors that might influence and foresights the consequences. The main target to the consideration of sentencing is to seek the balance between interest of the public and also the offenders. Mainly the sentencing passed must avoid the disapproval from societies or elevation towards the crime committed. The case of R v Ball [1989] shows that in order to serve the public interest, it is best to deter the offender from repeating the crime and to people that intends to conduct crime. Other than that, the sentencing impose must also motivates the criminals to do an honest living. However, in New Tuck Shen v PP [1982] states that the public interest varies base on time, place and predicament of each case including its very nature and prevalence. CJ(M) points that court session
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