Establish sentencing guidelines to prevent disparity when enforcing MCO - lawyers group

CORONAVIRUS | Guidelines should be established to prevent disparity in sentences being meted out in court, especially now as the country looks to enforce the movement control order (MCO).

This comes as the authorities, including police and armed forces, are cracking down on members of the public found to be flouting the MCO, which began on March 18 in an effort to slow down and contain the spread of Covid-19.

“Disparity in sentencing is a long-standing problem in Malaysia. In the current situation, it is compounded by the fact that before this pandemic, this law (Prevention and Control of Infectious Diseases Act 1988) was rarely used. There are not many precedents to help magistrates in deciding sentences.

“Some sentencing guidelines are desirable, provided the independence of judges are not compromised. In the UK, they have a sentencing council for this purpose,” Lawyers for Liberty (LFL) advisor N Surendran.

However, he stressed that even with an established set of guidelines, the final decision should remain with individual judges.

Surendran, a former lawmaker, was asked to comment on differing sentences reportedly being meted out in relation to the MCO.

These include the case of eleven individuals, aged 28 to 61, caught jogging in Mont Kiara in Kuala Lumpur who were each fined RM1,000 by the Magistrate’s Court while four accused, aged 20 to 24, in Rembau, Negeri Sembilan, were each sentenced to a month jail after being caught riding in a group without a valid reason.

“In these two examples, although we do not know exact facts of the cases as presented in court, there does seem to be an obvious discrepancy in the sentences.

“Either one set of sentences is too harsh or the other is too lenient. People must be treated equally before the law, that’s fundamental,” he said to Malaysiakini.

Under the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020, those found guilty would be liable to a fine of up to RM1,000, a jail term of up to six months or both.

Meanwhile, the Infectious Disease Prevention and Control Act 1998 provides for imprisonment up to two years or a fine of up to RM1,000 or to both for the first offence; imprisonment up to five years or a fine or both for repeat offences; as well as up to RM200 for every day involved in a continuing offence.

During the partial shutdown MCO, members of the public are required to stay at home unless for permitted work, to purchase food and essential goods, and to acquire health and other stipulated essential services and for emergencies.

Jogging, and other forms of outdoor sports or exercises as well as gathering in groups are not permitted.

Malaysia today entered the second phase of the MCO, which is slated to end on April 14, in which additional rules have been imposed by the National Security Council.

These include a one-person-per-car rule for personal vehicles; dawn-to-dusk (8am to 8pm) operating hours for all markets, grocery stores, food and beverage shops and petrol stations; as well as reduced hours (6am to 10pm) for taxi and e-hailing services.

Meanwhile, across several states it was reported 611 people have been arrested at roadblocks and patrols for the disobeying the MCO in Johor since March 18, of which 117 have been charged for various offences; 79 arrested in Ipoh (33 charged); and 276 arrested in Sabah (83 charged).

Nationwide, it was reported some 742 people were arrested on Monday alone for violating the MCO, while a total of 1,547 roadblocks and patrols by the police and armed forces have been implemented, with 383,488 vehicles inspected and 22,586 spot checks carried out. - Mkini