NORAZMAN BIN MD KHADRII

NORAZMAN BIN MD KHADRII

High Court held the Sessions Judge properly considered relevant sentencing factors (seriousness of offences under ss.489B and 489C, public interest, frequency of offences, appellant's background and guilty plea) and imposed a sentence within the statutory range for deterrence and rehabilitation; there was no error of law or principle warranting interference with the sentence.

Citation
PB-42K-1-01/2024 (Mahkamah Tinggi)
Parties
Perayu (appellant/accused): Norazman bin Md Khadrii; Responden (respondent): Pendakwa Raya (Public Prosecutor)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 September 2024
Case Number
PB-42K-1-01/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Sentence / High Court Judgment on Appeal Against Sentence From Sessions Court
Outcome
Appeal dismissed. Conviction and sentence of the Sessions Court affirmed.
Legal Topics
Counterfeit Currency, Section 489 B, Section 489 C, Sentencing Principles, Public Interest, Judicial Notice, Mitigation and Guilty Plea
Source Language
Malay/English
Criminal Law Forgery and Counterfeiting Sentencing Law Counterfeit Currency Section 489 B Section 489 C Sentencing Principles Public Interest +2 more

Case Brief

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Parties

Norazman bin Md Khadrii

Perayu (appellant/accused)

Pendakwa Raya (Public Prosecutor)

Responden (respondent)

Procedural Posture

Criminal Appeal Against Sentence / High Court Judgment on Appeal Against Sentence From Sessions Court

Legal Issues

  1. 1 Whether the Sessions Court erred in principle in imposing the sentence
  2. 2 Whether the Sessions Court improperly took judicial notice of prevalence of counterfeit currency without evidence
  3. 3 Whether mitigation (first offender, early guilty plea, family responsibilities) warranted reduction of sentence

Ratio Decidendi

High Court held the Sessions Judge properly considered relevant sentencing factors (seriousness of offences under ss.489B and 489C, public interest, frequency of offences, appellant's background and guilty plea) and imposed a sentence within the statutory range for deterrence and rehabilitation; there was no error of law or principle warranting interference with the sentence.

Court Disposition

Appeal dismissed. Conviction and sentence of the Sessions Court affirmed.

Orders

  • Appeal dismissed and Sessions Court sentence upheld.
  • Pertuduhan Pertama: Imprisonment 4 years from date of arrest (24.12.2023) and a fine of RM2000.00; in default of payment, imprisonment 2 months.