ABDUL HAKIM SYED KARIM

ABDUL HAKIM SYED KARIM

Court held the guilty plea was valid and recorded in compliance with statutory safeguards; conviction was not premature; under s.305 CPC appeal against conviction is limited to sentence only; no special or exceptional circumstances were shown to grant a stay of execution; sentence of three months imprisonment from date of arrest is proportionate and is therefore upheld.

Citation
WA-83-9432-11/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Abdul Hakim Syed Karim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 November 2024
Case Number
WA-83-9432-11/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Magistrate Judgment With Appeal Against Conviction and Sentence; Sentencing and Stay Application
Outcome
Conviction maintained; appeal limited and sentence of three months imprisonment from date of arrest upheld; application for stay of execution refused.
Legal Topics
Destruction of Property, Vandalism, Guilty Plea Procedure, Stay of Execution, Sentencing Principles
Source Language
Malay/English
Criminal Law Criminal Procedure Sentencing Destruction of Property Vandalism Guilty Plea Procedure Stay of Execution Sentencing Principles

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Abdul Hakim Syed Karim

Accused

Procedural Posture

Criminal / Magistrate Judgment With Appeal Against Conviction and Sentence; Sentencing and Stay Application

Legal Issues

  1. 1 Validity of conviction following a guilty plea
  2. 2 Scope of appeal after guilty plea (whether appeal lies only against sentence)
  3. 3 Whether safeguards under s173(b) CPC were complied with

Ratio Decidendi

Court held the guilty plea was valid and recorded in compliance with statutory safeguards; conviction was not premature; under s.305 CPC appeal against conviction is limited to sentence only; no special or exceptional circumstances were shown to grant a stay of execution; sentence of three months imprisonment from date of arrest is proportionate and is therefore upheld.

Court Disposition

Conviction maintained; appeal limited and sentence of three months imprisonment from date of arrest upheld; application for stay of execution refused.

Orders

  • Conviction under Section 431A Penal Code confirmed.
  • Sentence of imprisonment three (3) months from date of arrest upheld.