Firearms and robbery defence

Robbery and gang-robbery under the Penal Code

• Robbery (section 390). Theft becomes robbery if, to commit the theft or to carry away the stolen property, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint. Extortion can also be robbery when the victim is put in fear of instant harm in the offender's presence. The Code's own illustrations include snatching a handbag from a motorcycle and causing hurt in the process.
• Gang-robbery (section 391). A robbery committed or attempted by two or more people together, counting those present and aiding.
• Punishment. Sections 392 to 397 set the penalties: imprisonment (with fine or whipping in many cases) for robbery, attempted robbery, causing hurt in a robbery and gang-robbery. Gang-robbery in which murder is committed (section 396) carries death or imprisonment. Under section 397, an offender who is armed with or uses a deadly weapon, or causes or attempts to cause grievous hurt, is also liable to whipping in addition to any other punishment.

Under the First Schedule to the Criminal Procedure Code, robbery offences are seizable (the police may arrest without a warrant), not bailable as of right and not compoundable.

Firearms and other weapons offences

• Arms Act 1960. No one may possess, carry or use arms or ammunition without a licence or permit (section 3). Doing so, or breaching a licence condition, is an offence under section 8. The Act also covers possession of arms for an unlawful purpose (section 33), using an arm or imitation arm to resist arrest, and having an arm or imitation arm while committing certain offences (section 32).
• Firearms (Increased Penalties) Act 1971. This Act raises the penalties where a firearm is involved. It covers discharging a firearm while committing a "scheduled offence" (section 3), accomplices present when a firearm is discharged (section 3A), exhibiting or carrying a firearm during a scheduled offence or robbery (sections 4 and 5), imitation firearms (section 6), trafficking (section 7), unlawful possession (section 8) and consorting with someone unlawfully in possession (section 9). Scheduled offences include robbery, extortion, resisting arrest, escaping from custody, kidnapping and house-breaking.
• No mandatory death penalty since 2023. The Abolition of Mandatory Death Penalty Act 2023 replaced the death penalty under sections 3, 3A and 7 with long terms of imprisonment and whipping, with effect from 4 July 2023.

Other weapons, such as knives and corrosive substances, fall under different laws; see I was caught carrying a knife or weapon in public.

Bail

• Firearms (Increased Penalties) Act offences: bail shall not be granted (section 12), whatever any other law says.
• Robbery and other non-bailable offences: bail is at the discretion of the police officer in charge of the police district or the court under section 388 of the Criminal Procedure Code. It must not be granted where there are reasonable grounds to believe the person committed an offence punishable with death, life imprisonment or imprisonment of up to 40 years, although the court may still release a person under 16, a woman, or a sick or infirm person.
• If bail is granted, the court may also order an electronic monitoring device under section 388A. See Can I travel overseas while on bail? and I missed my court date while on bail.

Investigation, charge and trial

1. Arrest and remand. After arrest, police must bring the suspect before a magistrate if they need to detain beyond 24 hours (section 117 CPC). See How a remand order works and Your rights when arrested.
2. Statements. Police may record statements under section 112 CPC. Get advice before you give one; see Giving a police statement under section 112.
3. Which court. A Sessions Court may try all offences under the Firearms (Increased Penalties) Act except those under sections 3 and 3A, which go to the High Court; the Public Prosecutor may also require any case under that Act to be tried in the High Court (sections 10 and 11).
4. Trial. The prosecution must prove its case first. Common issues include identification evidence, the legality of searches and seizures, chain of custody of a weapon or exhibits, knowledge and possession, and each accused's role in a group offence. Representations to the Public Prosecutor or plea discussions may also be possible; see How plea bargaining works.
5. Sentencing. Where the law allows a range, mitigation matters: age, background, role, cooperation and the circumstances of the offence.

Appeals

A notice of appeal from a Magistrates' or Sessions Court to the High Court must be lodged within 14 days of the decision (sections 303A and 307 CPC). After a guilty plea, an appeal is limited to the extent or legality of the sentence (section 305). Further appeals go to the Court of Appeal and, in some cases, the Federal Court; see How appeals work in Malaysia.

Legislation and official sources

AGC Laws of Malaysia (updated texts as at 4 July 2023): Penal Code (Act 574), Arms Act 1960 (Act 206), Firearms (Increased Penalties) Act 1971 (Act 37), Criminal Procedure Code (Act 593) and Abolition of Mandatory Death Penalty Act 2023 (Act 846).

FAQ