Bertepatan di sini untuk diimbas kembali panduan menghukum yang dinyatakan dalam kes Public Prosecutor v. Loo Choon 25 Fatt [1976] 2 MLJ 259 yang menjelaskan seperti berikut: CB-62D-278-10/2024 PP LWN MUHAMMAD TAMRIN BIN TALIB 30/10/2025 S.39C(1)B ADB 1952 Page 36 “One of the main considerations in the assessment of sentence is of course the question of public interest. On this point I need only quote a passage from the judgment of Hilbery J. in Rex v. Kenneth John Ball as follows:- ‘In deciding the appropriate sentence a court should always be 5 guided by certain considerations. The first and foremost is the public interest. The criminal law is publicly enforced, not only with the object of punishing crime, but also in the hope of preventing it. A proper sentence, passed in public, serves the public interest in two ways. It may deter others who might be tempted to try crime 10 as seeming to offer easy money on the supposition, that if the offender is caught and brought to justice, the punishment will be negligible. Such a sentence may also deter the particular criminal from committing a crime again, or induce him to turn from a criminal to an honest life. The public interest is indeed served, and 15 best served, if the offender is induced to turn from criminal ways to honest living. Our law does not, therefore, fix the sentence for a particular crime, but fixes a maximum sentence and leaves it to the court to decide what is, within the maximum, the appropriate sentence for each criminal in the particular circumstances of each 20 case. Not only in regard to each crime, but in regard to each criminal, the court has the right and the duty to decide whether to be lenient or severe.’ Presidents and Magistrates are often inclined quite naturally to be over-sympathetic to the accused. This is a normal psychological reaction to 25 the situation in which the lonely accused is seen facing an array of witnesses with authority. The mitigation submitted by a convicted person will also normally bring up problems of family hardship and the other usual problems of living. In such a situation the courts might perhaps find it difficult to decide as to what sentence should be imposed 30 CB-62D-278-10/2024 PP LWN MUHAMMAD TAMRIN BIN TALIB 30/10/2025 S.39C(1)B ADB 1952 Page 37 so that the convicted person may not be further burdened with additional hardship. This is my view is a wrong approach. The correct approach is to strike a balance, as far as possible, between the interests of the public and the interests of the accused. Lord Goddard LCJ. In Rex v. Grondkowski offered some good advice when 5 he said:- ‘The judge must consider the interests of justice as well as the interests of the prisoners. It is too often nowadays thought, or seems to be thought, that the interests of justice means only the interests of the prisoners’.” 10