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2023 MarsdenLR 1940

HIGH COURT MALAYA KUALA LUMPUR
AW YU HUI – Appellant
Versus
PP – Respondent


Petitioner Advocates:,Respondent Advocate: Aqilah Ishak

Table of Content
1. overview of the case and charges against the accused. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. appeal by the public prosecutor regarding sentence reduction. (Para 8 , 9)
3. discussion on the legality of sentence reduction. (Para 10 , 11 , 12 , 13)
4. interpretation of sentencing provisions. (Para 14 , 15 , 16 , 18)
5. rationale for proportional sentencing and assessment of the case. (Para 19 , 20 , 21 , 22 , 23 , 24)
Muniandy Kannyappan J:

[1] An appeal was lodged by the Public Prosecutor against the above sentence meted out by this court on appeal by the accused person.

[2] Accused, who is the appellant to this appeal has to endure two different sentences for two different criminal cases of arrest against him, namely, case No WA-41S-6-05/2023 and WA-41S-7-05/2023. The sentences are to take effect consecutively from the date of arrest on 6 May 2023.

[3] Case no 6 - 05/2023 pertains an offence of cheating pursuant to s 420 of the Penal Code (PC/Act 574), while case no 7 - 05/2023 relates to an offence of forgery for the purpose of cheating pursuant to s 468 PC.

[4] Both the charges against the accused are:

Charge of forgery

"Bahawa kamu bersama-sama pada 6 Mei 2023 di 18-09 DMajestic

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