PENDAKWARAYA PN NURSULEHAN WIGNESWARAN A/L PONNUSAMY

PENDAKWARAYA PN NURSULEHAN WIGNESWARAN A/L PONNUSAMY

Accused’s guilty plea and mitigation were considered but outweighed by seriousness of two separate armed robberies, absence of a single transaction (no proximity of time/place, continuity of action or purpose), the offender’s extensive antecedents and public interest in deterrence; therefore the trial court’s sentence of seven years imprisonment and four strokes for JA-62J-14-06/2021 was appropriate and must run consecutively to the ten years and five strokes imposed in JA-62RS-65-11/2020, producing an aggregate 17 years imprisonment and nine strokes, with commencement after completion of the ten-year term from date of arrest.

Citation
JA-62J-14-06/2021 (Mahkamah Sesyen)
Parties
Accused: Wigneswaran a/l Ponnusamy; Prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 November 2021
Case Number
JA-62J-14-06/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Appeal Against Sentence
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Armed Robbery, Concurrent Vs Consecutive Sentences, Totality Principle, Mitigation (guilty Plea), Public Interest and Deterrence, Recidivism
Source Language
Malay/English
Criminal Law Sentencing Robbery Armed Robbery Concurrent Vs Consecutive Sentences Totality Principle Mitigation (guilty Plea) Public Interest and Deterrence +1 more

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Parties

Wigneswaran a/l Ponnusamy

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed should run concurrently or consecutively with sentence in JA-62RS-65-11/2020
  2. 2 Appropriate quantum of sentence for armed robbery with a deadly weapon under ss.392/397/394 Kanun Keseksaan (Akta 574)
  3. 3 Weight to be given to guilty plea and personal mitigation versus public interest and deterrence

Ratio Decidendi

Accused’s guilty plea and mitigation were considered but outweighed by seriousness of two separate armed robberies, absence of a single transaction (no proximity of time/place, continuity of action or purpose), the offender’s extensive antecedents and public interest in deterrence; therefore the trial court’s sentence of seven years imprisonment and four strokes for JA-62J-14-06/2021 was appropriate and must run consecutively to the ten years and five strokes imposed in JA-62RS-65-11/2020, producing an aggregate 17 years imprisonment and nine strokes, with commencement after completion of the ten-year term from date of arrest.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Conviction recorded against Wigneswaran a/l Ponnusamy for the amended charge under s.392 read with s.397 Kanun Keseksaan (Akta 574).
  • Sentence of imprisonment for seven (7) years and four (4) strokes of the rotan imposed for JA-62J-14-06/2021.