An unusual situation arose because Xu, who has since relocated to Taiwan, chose to serve the jail term, even as he pursued an appeal.which carried a two-week default jail term in lieu of payment.
On Friday, Justice Aedit Abdullah ruled that the previously served jail term should be treated as going towards the default sentence, and thus nothing remains to be served or paid. The prosecution, led by Senior Counsel Mohamed Faizal Mohamed Abdul Kadir, had argued that a default sentence is imposed not to punish the offender, but to prevent evasion of payment of the fine.
Justice Abdullah was not persuaded, saying that the Malaysian case was concerned with remand rather than punishment. He added that there could be various reasons for Xu choosing to serve his original sentence, but these should still not lead to an injustice.
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Source: ChannelNewsAsia - 🏆 6. / 66 Read more »
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