MUHAMAD ZAIRUN BIN JAMAK

MUHAMAD ZAIRUN BIN JAMAK

Although psychiatric reports conflicted as to sanity at the time of the offence, both certified the accused was fit to be tried; the accused pleaded guilty after being informed of consequences; balancing mental illness, first offender status, remand period, minimal violence and public interest, the magistrate found a fine of RM1500 in default one month imprisonment to be a proportionate sentence and therefore sentenced accordingly.

Citation
WA-82JS-3-09/2021 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Muhamad Zairun bin Jamak
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 June 2023
Case Number
WA-82JS-3-09/2021 (Mahkamah Majistret)
Procedural Posture
Criminal (assault Under Penal Code S354) / Sentencing (decision Delivered; Prosecution Appealed)
Outcome
Accused convicted upon plea and sentenced to a fine of RM1500 or in default one month imprisonment; prosecution has filed an appeal against the sentence.
Legal Topics
Assault (sexual/physical), Insanity/fitness to Plead, Sentencing Principles, Guilty Plea Mitigation, Public Interest
Source Language
Malay/English
Criminal Law Mental Health Law Sentencing Law Assault (sexual/physical) Insanity/fitness to Plead Sentencing Principles Guilty Plea Mitigation Public Interest

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Parties

Public Prosecutor

Prosecution

Muhamad Zairun bin Jamak

Accused

Procedural Posture

Criminal (assault Under Penal Code S354) / Sentencing (decision Delivered; Prosecution Appealed)

Legal Issues

  1. 1 Whether the accused was of unsound mind at the time of the offence and effect on criminal liability
  2. 2 Whether the accused was fit to stand trial
  3. 3 Whether trial should proceed under s349 despite mental illness findings

Ratio Decidendi

Although psychiatric reports conflicted as to sanity at the time of the offence, both certified the accused was fit to be tried; the accused pleaded guilty after being informed of consequences; balancing mental illness, first offender status, remand period, minimal violence and public interest, the magistrate found a fine of RM1500 in default one month imprisonment to be a proportionate sentence and therefore sentenced accordingly.

Court Disposition

Accused convicted upon plea and sentenced to a fine of RM1500 or in default one month imprisonment; prosecution has filed an appeal against the sentence.

Orders

  • Conviction recorded against the accused
  • Sentence: Fine RM1500 or 1 month imprisonment in default