VLADIMIR COVALENCO

VLADIMIR COVALENCO

The court found the plea bargain related to sentence, was validly entered into under section 172C CPC, and the accused voluntarily pleaded guilty; the court was bound to give effect to the agreed sentence in Enclosure B and therefore convicted the accused and sentenced him to five years imprisonment commencing 2 July 2024, with ancillary orders as agreed.

Citation
KD-62-10-07/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Vladimir Covalenco
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 December 2024
Case Number
KD-62-10-07/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Child Act 2001 / Sentencing After Guilty Plea (plea Bargaining)
Outcome
Accused convicted on guilty plea; sentence imposed pursuant to plea bargain
Legal Topics
Child Act 2001, Section 31(1)(a), Plea Bargaining, Sentencing, Criminal Procedure Code Section 172 C, Appeal Limitation
Source Language
Malay/English
Criminal Law Child Protection Law Procedural Law Child Act 2001 Section 31(1)(a) Plea Bargaining Sentencing Criminal Procedure Code Section 172 C +1 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Vladimir Covalenco

Accused

Procedural Posture

Criminal Child Act 2001 / Sentencing After Guilty Plea (plea Bargaining)

Legal Issues

  1. 1 Whether the plea bargaining related to the charge or to sentence
  2. 2 Whether the plea bargain under section 172C CPC is valid and binding on the court
  3. 3 Appropriate sentence for an offence under section 31(1)(a) Child Act 2001 given aggravating/public interest factors

Ratio Decidendi

The court found the plea bargain related to sentence, was validly entered into under section 172C CPC, and the accused voluntarily pleaded guilty; the court was bound to give effect to the agreed sentence in Enclosure B and therefore convicted the accused and sentenced him to five years imprisonment commencing 2 July 2024, with ancillary orders as agreed.

Court Disposition

Accused convicted on guilty plea; sentence imposed pursuant to plea bargain

Orders

  • Sentence: imprisonment for 5 years commencing from date of arrest 2 July 2024
  • Upon release: enter into a good behaviour bond with one surety without collateral for 2 years