MOHD AZHARI BIN UMAR ALI

MOHD AZHARI BIN UMAR ALI

The High Court affirmed that the trial judge acted within lawful discretion; the 9-year concurrent prison terms with 3 strokes per count were not grossly excessive given armed nature of offences, two victims, applicant's prior related conviction, and public interest in deterrence; mitigation did not outweigh aggravating factors, so appeal is dismissed.

Citation
BA-42H-5-02/2023 (Mahkamah Tinggi)
Parties
Perayu/appellant: Mohd Azhari bin Umar Ali; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 October 2023
Case Number
BA-42H-5-02/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (armed Robbery) / High Court Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Armed Robbery, Sentence Appeal, Concurrent Sentences, Corporal Punishment (whipping), Mitigation Vs Aggravation, Public Interest in Sentencing
Source Language
Malay/English
Criminal Law Sentencing Penal Code Offences Armed Robbery Sentence Appeal Concurrent Sentences Corporal Punishment (whipping) Mitigation Vs Aggravation +1 more

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Parties

Mohd Azhari bin Umar Ali

Perayu/appellant

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal (armed Robbery) / High Court Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether the sentence of 9 years imprisonment and 3 strokes per count is manifestly excessive
  2. 2 Whether the trial judge misapplied sentencing principles or failed to consider mitigation
  3. 3 Whether sentences should run concurrently and commencement after earlier sentence was appropriate

Ratio Decidendi

The High Court affirmed that the trial judge acted within lawful discretion; the 9-year concurrent prison terms with 3 strokes per count were not grossly excessive given armed nature of offences, two victims, applicant's prior related conviction, and public interest in deterrence; mitigation did not outweigh aggravating factors, so appeal is dismissed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Conviction on both counts under section 392 read with section 397 Kanun Keseksaan affirmed
  • Sentence of 9 years imprisonment for each count and 3 strokes for each count affirmed