CHIN CHEE WEI & ANOR v. PP
HIGH COURT MALAYA, TAIPING
MUNIANDY KANNYAPPAN JC
[CRIMINAL REVISION NO: AB-43-2-04-2020]
29 APRIL 2020
[2020] CLJ JT (1)

CRIMINAL PROCEDURE: Revision - Sentence - Exercise of revisionary jurisdiction by High Court - Charge under Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 2) Regulations 2020 - Violation of movement control order - Sentence of three months' imprisonment - Whether substantial justice accorded to accused persons - Whether sentence harsh and severely excessive - Whether mitigating factors considered - Whether Magistrate ought to have considered alternative punishment - Whether sentence ought to be substituted with compulsory attendance order - Courts of Judicature Act 1964, s. 31 - Offenders Compulsory Attendance Act 1954, s. 5(1)

CRIMINAL PROCEDURE: Sentence - Offences - Charge under Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 2) Regulations 2020 - Violation of movement control order - Sentence of three months' imprisonment - Whether substantial justice accorded to accused persons - Whether sentence harsh and severely excessive - Whether mitigating factors considered - Whether Magistrate ought to have considered alternative punishment - Whether sentence ought to be substituted with compulsory attendance order - Courts of Judicature Act 1964, s. 31 - Offenders Compulsory Attendance Act 1954, s. 5(1)