NUR IRDINA BINTI RUSLI

NUR IRDINA BINTI RUSLI

Accused was properly convicted under S.381 Kanun Keseksaan for stealing RM14,103.19 as an employee; given the seriousness and public interest in deterring such breaches of trust, a custodial sentence of two months from date of sentence and a fine of RM5,000 (in default three months imprisonment) is appropriate despite mitigating factors including youth, remorse and family hardship; guilty plea did not merit a large discount because the evidence and exhibits plainly supported conviction.

Citation
BL-83RS-3-01/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Nur Irdina Binti Rusli
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
6 May 2024
Case Number
BL-83RS-3-01/2022 (Mahkamah Majistret)
Procedural Posture
Criminal – Theft/breach of Trust Under Section 381 Penal Code / Conviction and Sentencing
Outcome
Accused convicted under Section 381 Penal Code and sentenced
Legal Topics
Employee Theft, Mitigation and Aggravation of Sentence, Public Interest in Sentencing, Stay of Execution/bail Pending Appeal
Source Language
Malay/English
Criminal Law Theft/breach of Trust Sentencing Employee Theft Mitigation and Aggravation of Sentence Public Interest in Sentencing Stay of Execution/bail Pending Appeal

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Parties

Pendakwa Raya

Prosecution

Nur Irdina Binti Rusli

Accused

Procedural Posture

Criminal – Theft/breach of Trust Under Section 381 Penal Code / Conviction and Sentencing

Legal Issues

  1. 1 Whether the accused committed an offence under S.381 Kanun Keseksaan
  2. 2 Appropriate sentence given the amount stolen and circumstances
  3. 3 Weight to be given to guilty plea and mitigating family circumstances

Ratio Decidendi

Accused was properly convicted under S.381 Kanun Keseksaan for stealing RM14,103.19 as an employee; given the seriousness and public interest in deterring such breaches of trust, a custodial sentence of two months from date of sentence and a fine of RM5,000 (in default three months imprisonment) is appropriate despite mitigating factors including youth, remorse and family hardship; guilty plea did not merit a large discount because the evidence and exhibits plainly supported conviction.

Court Disposition

Accused convicted under Section 381 Penal Code and sentenced

Orders

  • Accused convicted under S.381 Kanun Keseksaan
  • Sentence: Two (2) months imprisonment from date of sentence (6/5/2024)