[Timbalan (TPR), Jabatan Peguam Negara] MD SHAHZADA SAJU

[Timbalan (TPR), Jabatan Peguam Negara] MD SHAHZADA SAJU

The court amended the charge to culpable homicide under s304(a), accepted the accused's guilty plea but, having weighed mitigating factors against the paramount public interest and the offence's gravity, premeditation and cruelty, concluded that a custodial sentence at the upper end of the statutory range was warranted and imposed 20 years' imprisonment from the date of arrest.

Citation
WA-45B-1-01/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: MD Shahzada Saju
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 May 2022
Case Number
WA-45B-1-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing (conviction Entered for Culpable Homicide Under S304(a); Sentence Imposed; Appeal to Court of Appeal Pending)
Outcome
Accused convicted of culpable homicide not amounting to murder (s304(a) Penal Code) and sentenced to 20 years imprisonment effective from date of arrest 25 July 2018; accused appealed sentence to the Court of Appeal.
Legal Topics
Culpable Homicide Not Amounting to Murder, Guilty Plea Credit, Public Interest in Sentencing, Comparative Sentencing Precedents, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Sentencing Penal Code Culpable Homicide Not Amounting to Murder Guilty Plea Credit Public Interest in Sentencing Comparative Sentencing Precedents Mitigation and Aggravation

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Parties

Public Prosecutor

Prosecutor

MD Shahzada Saju

Accused

Procedural Posture

Criminal / Sentencing (conviction Entered for Culpable Homicide Under S304(a); Sentence Imposed; Appeal to Court of Appeal Pending)

Legal Issues

  1. 1 Appropriate quantum of sentence for culpable homicide under s304(a) of the Penal Code
  2. 2 Extent of discount for plea of guilty
  3. 3 Weight of public interest and aggravating factors such as premeditation and cruelty

Ratio Decidendi

The court amended the charge to culpable homicide under s304(a), accepted the accused's guilty plea but, having weighed mitigating factors against the paramount public interest and the offence's gravity, premeditation and cruelty, concluded that a custodial sentence at the upper end of the statutory range was warranted and imposed 20 years' imprisonment from the date of arrest.

Court Disposition

Accused convicted of culpable homicide not amounting to murder (s304(a) Penal Code) and sentenced to 20 years imprisonment effective from date of arrest 25 July 2018; accused appealed sentence to the Court of Appeal.

Orders

  • Charge amended to culpable homicide not amounting to murder under s304(a) Penal Code
  • Accused pleaded guilty and is convicted accordingly