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Former waiter's appeal against curfew breach sentence dismissed

Malaysia's Court of Appeal has upheld a jail sentence for curfew violation, ruling that a recent Federal Court decision striking down provisions of the Prevention of Crime Act does not affect the restriction order in this case.

LSN Malaysia · 6 November 2026

Former waiter's appeal against curfew breach sentence dismissed

The Court of Appeal rejected an appeal by a former waiter seeking to overturn his conviction for breaching a curfew order, finding that recent legal developments do not invalidate his sentence.

The appellant had argued that a Federal Court ruling, which struck down a section of the Prevention of Crime Act, should have voided his restriction order. However, the appellate court determined that the section invalidated by the higher court was separate from the provision under which the curfew order was issued.

The court's decision underscores the distinction between different sections of the Prevention of Crime Act and the scope of the Federal Court's earlier judgment. The ruling means the restriction order remains valid and enforceable against the former waiter.

This case highlights the complexities of navigating recent legislative challenges in Malaysia's criminal justice system, where multiple provisions of the same act may have different legal status. Legal experts have indicated that individuals subject to restriction orders must continue to comply with their terms unless specifically addressed by court rulings.