Why did the deputy public prosecutor refuse bail under Section 395?

Question

Accepted Answer

Section 395 of the Penal Code is a Non-Bailable Offence

The deputy public prosecutor did not offer bail because the offence Mohamad Firdaus Che Hussin was charged with, under Section 395 of the Penal Code, is classified as a non-bailable offence. This classification means that bail is not a matter of right and requires specific considerations by the court.
The Nature of Section 395 of the Penal Code

Section 395 of the Penal Code deals with the offence of gang robbery. It stipulates that whoever commits or attempts to commit a gang robbery shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine or to whipping. The presence of "gang" implies that the crime was committed by two or more individuals acting in concert, which is considered an aggravating factor.
Principles of Non-Bailable Offences

In the Malaysian legal system, offences are generally categorised as either bailable or non-bailable. Bailable offences are those that are less serious in nature, and the law generally presumes that an accused person is entitled to be released on bail, provided they meet certain conditions. Conversely, non-bailable offences, such as those under Section 395, are typically of a graver nature, involving more serious harm or societal impact. For these offences, the court has discretion to grant bail, but it is not automatically granted. The prosecution often opposes bail for such serious charges due to the potential severity of the punishment, the risk of the accused absconding, or the danger they might pose to the public or witnesses.
Circumstances of the Case

In this specific instance, Mohamad Firdaus Che Hussin, a police constable, was charged with committing a gang robbery involving two gold bracelets and RM275. The incident occurred at 1am on October 13. Given the nature of the charge under Section 395, which carries a maximum penalty of 20 years' imprisonment and potential whipping, the deputy public prosecutor's decision not to offer bail aligns with the classification of the offence as non-bailable.

Reading history

Hide →

This history is cleared when the page is closed.

Why did the deputy public prosecutor refuse bail under Section 395?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends