SHAN A/L THEIVANTHIRAN

SHAN A/L THEIVANTHIRAN

The court convicted the accused under section 409 Penal Code on his guilty plea and sentenced him to 5 years imprisonment (within statutory 2–20 years), imposed a RM10,000 fine in default 10 months imprisonment, ordered no whipping due to age, and directed the imprisonment to run from the date of conviction.

Citation
AA-62K-15-04/2021 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Shan a/l Theivanthiran
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 February 2023
Case Number
AA-62K-15-04/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted under section 409 Penal Code and sentenced.
Legal Topics
Criminal Breach of Trust, Section 409 Penal Code, Guilty Plea Mitigation, Whipping Prohibition, Sentence Commencement
Source Language
Malay/English
Criminal Law Penal Code Sentencing Criminal Breach of Trust Section 409 Penal Code Guilty Plea Mitigation Whipping Prohibition Sentence Commencement

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Parties

Public Prosecutor

Prosecution

Shan a/l Theivanthiran

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the 5-year sentence is within statutory limits under section 409 Penal Code
  2. 2 Whether whipping may be imposed given the accused's age
  3. 3 Whether the guilty plea and first‑offender status justify mitigation of sentence

Ratio Decidendi

The court convicted the accused under section 409 Penal Code on his guilty plea and sentenced him to 5 years imprisonment (within statutory 2–20 years), imposed a RM10,000 fine in default 10 months imprisonment, ordered no whipping due to age, and directed the imprisonment to run from the date of conviction.

Court Disposition

Accused convicted under section 409 Penal Code and sentenced.

Orders

  • Accused convicted under section 409 Penal Code
  • Sentenced to 5 years imprisonment from date of conviction (10.2.2023)