114
Laws of Malaysia
Act 593
(ii) Subject to subsections (2) and (3), sentence the
accused to not more than half of the maximum
punishment of imprisonment provided under the
law for the offence for which the accused has
been convicted.
(2) Where there is a minimum term of imprisonment provided
under the law for the offence, no accused shall be sentenced to
a lesser term of imprisonment than that of the minimum term.
(3) Subparagraph (1)(c)(ii) shall not apply where—
(a)
in the case of a serious offence, the accused has a previous
conviction for a related or same offence; or
(b)
where the offence for which the accused is charged with
falls within the following:
(i) an offence for which the punishment provided
under the law is fine only;
(ii) an offence for which the punishment provided
under the law is imprisonment for natural life;
(iii) any sexual related offence;
(iv) any offence committed against a child who is
below twelve years of age; or
(v) any other offence as may be specified by the
Public Prosecutor by order published in the
Gazette.
(4) For the purpose of paragraph (3)(a), “serious offence” means
an offence where the maximum term of imprisonment that can
be imposed is not less than ten years, and includes any attempt
or abetment to commit such offence.
Finality of the judgment
172e. When an accused has pleaded guilty and has been convicted
by the Court under section 172d, there shall be no appeal except
to the extent and legality of the sentence.
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