HAFIZUL BIN HAWARI

HAFIZUL BIN HAWARI

Given the gravity of the offences and the public interest in deterrence, the court accepted the guilty plea as a mitigating factor but found it insufficient to outweigh the seriousness; imposed five years imprisonment for s.307 and seven years for s.326 to run concurrently with each other but directed that these sentences be separate from, and commence after, unrelated sentences from Kota Bharu (different transactions), in accordance with its discretion under s.282 Criminal Procedure Code.

Citation
BK-62-10-04/2024 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Hafizul bin Hawari
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
5 December 2025
Case Number
BK-62-10-04/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Sessions Court / Sentencing Following Guilty Plea
Outcome
Convicted on guilty plea; sentence imposed and conviction recorded.
Legal Topics
Attempted Murder, Grievous Hurt, Sentencing, Concurrent Sentences, Mitigation, Use of Firearm
Source Language
Malay/English
Criminal Law Criminal Procedure Attempted Murder Grievous Hurt Sentencing Concurrent Sentences Mitigation Use of Firearm

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Parties

Pendakwa Raya

Prosecution

Hafizul bin Hawari

Accused

Procedural Posture

Criminal Sessions Court / Sentencing Following Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for offences under s.307 and s.326 Penal Code after guilty plea
  2. 2 Whether sentences for the Sepang offences should run concurrently or consecutively with sentences from Kota Bharu
  3. 3 Weight to be given to mitigation including guilty plea and alleged mental health issues

Ratio Decidendi

Given the gravity of the offences and the public interest in deterrence, the court accepted the guilty plea as a mitigating factor but found it insufficient to outweigh the seriousness; imposed five years imprisonment for s.307 and seven years for s.326 to run concurrently with each other but directed that these sentences be separate from, and commence after, unrelated sentences from Kota Bharu (different transactions), in accordance with its discretion under s.282 Criminal Procedure Code.

Court Disposition

Convicted on guilty plea; sentence imposed and conviction recorded.

Orders

  • Convicted of attempted murder under s.307 Penal Code and sentenced to five years imprisonment.
  • Convicted of causing grievous hurt under s.326 Penal Code and sentenced to seven years imprisonment.