1. ) MUHAMMAD JALALUDDIN BIN MOHD AZHAR 2. ) MUHAMMAD FUAD BIN ARNAS YANNANTA

1. ) MUHAMMAD JALALUDDIN BIN MOHD AZHAR 2. ) MUHAMMAD FUAD BIN ARNAS YANNANTA

After balancing aggravating factors (use of weapons, violence, seriousness of armed robbery) and mitigating factors (guilty plea, family responsibilities), and applying established sentencing principles and statutory limits, the court imposed a custodial sentence of three years and four strokes of the cane as a proportionate and lawful punishment that also affords deterrence.

Citation
WA-62RS-115-10/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor (Wilayah Persekutuan Kuala Lumpur); Accused: Muhammad Jalaluddin bin Mohd Azhar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 August 2022
Case Number
WA-62RS-115-10/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing (sentence Imposed; Prosecutor Filed Notice of Appeal)
Outcome
Accused convicted on amended charge and sentenced to three years' imprisonment and four strokes of the cane; sentence to run from date of arrest.
Legal Topics
Armed Robbery, Sentencing Principles, Aggravating and Mitigating Factors, Guilty Plea Mitigation, Corporal Punishment
Source Language
Malay/English
Criminal Law Sentencing Robbery Evidence Armed Robbery Sentencing Principles Aggravating and Mitigating Factors Guilty Plea Mitigation +1 more

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Parties

Public Prosecutor (Wilayah Persekutuan Kuala Lumpur)

Prosecutor

Muhammad Jalaluddin bin Mohd Azhar

Accused

Procedural Posture

Criminal / Sentencing (sentence Imposed; Prosecutor Filed Notice of Appeal)

Legal Issues

  1. 1 Appropriate sentence for armed robbery under sections 395 and 397 Penal Code
  2. 2 Proper weight to be given to aggravating and mitigating factors including guilty plea
  3. 3 Whether the imposed sentence is 'according to law' and sufficient to serve as deterrence

Ratio Decidendi

After balancing aggravating factors (use of weapons, violence, seriousness of armed robbery) and mitigating factors (guilty plea, family responsibilities), and applying established sentencing principles and statutory limits, the court imposed a custodial sentence of three years and four strokes of the cane as a proportionate and lawful punishment that also affords deterrence.

Court Disposition

Accused convicted on amended charge and sentenced to three years' imprisonment and four strokes of the cane; sentence to run from date of arrest.

Orders

  • Three years imprisonment commencing from date of arrest
  • Four strokes of the cane