Muhammad Shafiq Samsul Bardari

Muhammad Shafiq Samsul Bardari

Court accepted the accused's factual admission and guilty plea but held that the plea did not automatically mandate a discount given the aggravating context (assault on spouse). Applying section 323 read with section 326A (doubling maximum exposure), the court concluded that a two-year imprisonment from date of arrest was lawful, proportionate and necessary in the public interest to mark denunciation and deterrence.

Citation
AH-83-640-12/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: Muhammad Shafiq Samsul Bardari
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 February 2025
Case Number
AH-83-640-12/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing (convicted; Appeal Filed)
Outcome
Accused convicted and sentenced to imprisonment.
Legal Topics
Assault Causing Injury, Section 323 Penal Code (kanun Keseksaan), Section 326 a Penal Code (kanun Keseksaan), Plea of Guilt Mitigation, Parliamentary Intent (hansard)
Source Language
Malay/English
Criminal Law Domestic Violence Sentencing Assault Causing Injury Section 323 Penal Code (kanun Keseksaan) Section 326 a Penal Code (kanun Keseksaan) Plea of Guilt Mitigation Parliamentary Intent (hansard)

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

Muhammad Shafiq Samsul Bardari

Accused

Procedural Posture

Criminal / Sentencing (convicted; Appeal Filed)

Legal Issues

  1. 1 Appropriate sentence under section 323 read with section 326A
  2. 2 Whether guilty plea warrants reduction in sentence
  3. 3 Applicability and purpose of section 326A in domestic violence between spouses

Ratio Decidendi

Court accepted the accused's factual admission and guilty plea but held that the plea did not automatically mandate a discount given the aggravating context (assault on spouse). Applying section 323 read with section 326A (doubling maximum exposure), the court concluded that a two-year imprisonment from date of arrest was lawful, proportionate and necessary in the public interest to mark denunciation and deterrence.

Court Disposition

Accused convicted and sentenced to imprisonment.

Orders

  • Accused convicted under Section 323 Kanun Keseksaan read with Section 326A Kanun Keseksaan.
  • Sentenced to 2 years' imprisonment from date of arrest (12 December 2024).