PENDAKWARAYA NUR SULEHAN CHIT KO (MA864141)

PENDAKWARAYA NUR SULEHAN CHIT KO (MA864141)

Court accepted the unqualified guilty plea after facts and exhibits were read and admitted; on the evidence the accused stabbed the victim three times causing fatal injury and the offence was serious and violent. Balancing mitigation and public interest, and applying sentencing jurisprudence and statutory limits of s304(a), the appropriate sentence is ten years imprisonment from date of arrest as proportionate, deterrent and lawful.

Citation
JA-62-134-10/2019 (Mahkamah Sesyen)
Parties
Prosecution: Tim­balan Pendakwa Raya; Accused: Chit Ko (MA864141)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
5 August 2020
Case Number
JA-62-134-10/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Culpable Homicide Not Amounting to Murder (section 304(a) Penal Code) / Sentencing
Outcome
Accused convicted on the charge under Section 304(a) and sentenced to ten years imprisonment from date of arrest.
Legal Topics
Culpable Homicide Under Section 304(a), Sentencing Principles, Public Interest and Deterrence, Guilty Plea and Mitigation
Source Language
Malay/English
Criminal Law Sentencing Homicide Culpable Homicide Under Section 304(a) Sentencing Principles Public Interest and Deterrence Guilty Plea and Mitigation

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Parties

Tim­balan Pendakwa Raya

Prosecution

Chit Ko (MA864141)

Accused

Procedural Posture

Criminal Culpable Homicide Not Amounting to Murder (section 304(a) Penal Code) / Sentencing

Legal Issues

  1. 1 Whether the guilty plea was properly accepted with adequate facts and evidence
  2. 2 Appropriate quantum of sentence under Section 304(a) having regard to gravity and circumstances
  3. 3 Weight to be given to mitigation including guilty plea, antecedents, family hardship and remorse

Ratio Decidendi

Court accepted the unqualified guilty plea after facts and exhibits were read and admitted; on the evidence the accused stabbed the victim three times causing fatal injury and the offence was serious and violent. Balancing mitigation and public interest, and applying sentencing jurisprudence and statutory limits of s304(a), the appropriate sentence is ten years imprisonment from date of arrest as proportionate, deterrent and lawful.

Court Disposition

Accused convicted on the charge under Section 304(a) and sentenced to ten years imprisonment from date of arrest.

Orders

  • Accused convicted of culpable homicide not amounting to murder under Section 304(a) Penal Code
  • Sentence: Ten (10) years' imprisonment to run from date of arrest (14/01/2019)