HANEY SHAM BIN ABDUL HAMID

HANEY SHAM BIN ABDUL HAMID

The trial court lawfully exercised its sentencing discretion: it accepted unqualified guilty pleas but held that plea did not mandate leniency; after weighing seriousness, factual admissions, prior record and public interest in deterring domestic violence, the imposed sentences (12 months + RM3,000 fine or 3 months; and 4 months consecutive) fell within statutory limits and were proportionate and justified.

Citation
AG-83-108-08/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Haney Sham bin Abdul Hamid
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 August 2024
Case Number
AG-83-108-08/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing; Appeal Filed
Outcome
Accused convicted after guilty pleas and sentenced; appeal filed by accused
Legal Topics
Assault, Section 323 Penal Code, Section 326 a Penal Code, Sentencing Principles, Guilty Plea Safeguards
Source Language
Malay/English
Criminal Law Domestic Violence Family Law Assault Section 323 Penal Code Section 326 a Penal Code Sentencing Principles Guilty Plea Safeguards

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Haney Sham bin Abdul Hamid

Accused

Procedural Posture

Criminal / Sentencing; Appeal Filed

Legal Issues

  1. 1 Whether the sentences imposed were within the trial court's discretionary range and in accordance with law
  2. 2 Whether the guilty pleas warranted significant mitigation
  3. 3 Appropriate weight to public interest and deterrence in domestic violence offences

Ratio Decidendi

The trial court lawfully exercised its sentencing discretion: it accepted unqualified guilty pleas but held that plea did not mandate leniency; after weighing seriousness, factual admissions, prior record and public interest in deterring domestic violence, the imposed sentences (12 months + RM3,000 fine or 3 months; and 4 months consecutive) fell within statutory limits and were proportionate and justified.

Court Disposition

Accused convicted after guilty pleas and sentenced; appeal filed by accused

Orders

  • AG-83-108-08/2024: Convicted under Section 323 read with Section 326A; imprisonment 12 months from date of arrest and fine RM3,000 or in default 3 months imprisonment
  • AG-85-7-08/2024: Convicted under Section 323; imprisonment 4 months to run consecutively after sentence in AG-83-108-08/2024