A sentence is a declaration or the final order of punishment from the court to the offender. Generally, the goals or aims of sentencing is to provide retribution, deterrence, rehabilitation, protection of the public, reparation/restitution, denunciation and lastly, incapacitation. The aim of retribution is to give punishment to the offender or in the other word, retaliate the offender for his crimes. Death penalty is a form of retributive sentence which was implemented in the Penal Code at section 302.
There are other form of retributive sentences eventhough they do not exactly illustrate the aim of retribution, it’s existence shows the public revulsion to offences. Next, deterrence, sentences are also to deter anyone from making an offense. Deterrence came in two forms, which is specific deterrence and general deterrence. Specific deterrence is about punishing the offender with hopes that he or she will not offend again and general deterrence focused on the people in the general hoping they will be deterred from offending with threats of punishment.
Furthermore, rehabilitation, one of the main purpose of sentences are the help the offender to change and no offending anymore. In a recent Home Office study found that there was no actual difference between reconviction rate from custody and community penalties. In fact someone may not reconvicted might be getting good at not getting caught. Another purpose is to protect the public, which is one of the main goal of punishment. The court will either impose death penalty, long term imprisonment or electronic tagging (curfew order). Execution or imprisoning will keep the offender away from the members of the public.
Moreover, reparation/restitution, this involves the offender pay compensation to the victim or the victim’s family, usually in the form of money. If the offender’s offense is against the society, the offender will carry out community service as compensation to the society. Lastly, is incapacitation, it is considered the ultimate form of protection of the public. Because it involved disabling the offender from re-offending again. Some countries cut the hands of the thief to prevent him or her to re-offend again. Sentences There are many sentences provided in Malaysian legal system.
The some of those sentences are death penalty, imprisonment, whipping, fines and good behavior bonds. Death penalty are only impose when the offender are found guilty of offences under Penal Code, Internal Security Act 1960 (Revised 1972), Dangerous Drug Ordinance 1952, Firearms (Increased Penalties) Act 1971. In the Penal Code, death penalty is implemented at s. 302 for offense of murder, s. 364 for kidnapping to murder, and s. 396 for gang robbery with murder. Furthermore, in the Internal Security Act, death panlty is mandatory of offense under s. 57(1).
While, in Dangerous Drugs Ordinance the death penalty is introduced at s. 39B. Singapore’s Misuse of Drugs Act 1973 also implemented death sentences upon illegal drug trafficking, it was shown in the case Lee Kim Keong v. PP , were the appellant was convicted and sentenced to death by the High Court for trafficking a controlled drug. Lastly, the Firearms (Increased Penalties) Act, where death penalty is mandatory under s. 1 and 3A. Imprisonment is divided by three which is imprisonment for life, for definite period and for default of a fine. According to s. 3 and s. 7 of the Criminal Justice Act 1953 equate life imprisonment with twenty years although s. 130A(b) of the Penal Code defines it as until the death of the convicted.
For imprisonment for a definite period, as stated by s. 282(d) of the Criminl Procedure Code, every imprisonment sentence shall take place on the day the same was passed. Meanwhile, imprisonment in default of a fine, in proportion to s. 283(1)(b)(4) of Criminal Procedure Code, if the offender is sentenced with fine, he or she will be imprison until the fine is paid. Whipping is another form of punishment in Malaysia, it is one of the widely used punishment. At s. 88 of the Criminal Procedure Code restricts the amount of stroke for adult, a person age sixteen and above to twenty four and ten for young offenders, a person age of ten and below.
The combined sentences from the court to the offender must not exceed the amount twenty four strokes for adult and ten form young offender, as supported by, the case Chai Ah Kau v. PP, the accused was sentenced eighteen months imprisonment and ten strokes, on the same day was sentenced 3 years imprisonment and ten strokes. However, females, males sentenced to death and males whom is considered over fifty years of ages by the court. According to s. (1) of the Criminal Procedure Code, fine is defined as any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime. When the amount of fine is not mention, the offender may be charged with unlimited amount of money.
Lastly, is the good behavior bonds, it literally have the power to comply the offender with condition of the bonds. The two relevant section of the Criminal Procedure Code is the s. 173A and s. 294. This is shown in the case PP v. Yeong Yin Choy, where the accused who is convicted under s. 324 of the Penal Code is released on his entering into bonds by the court.