PENDAKWARAYA MUHAMAD FADZLI BIN JANTAN

PENDAKWARAYA MUHAMAD FADZLI BIN JANTAN

Court accepted early guilty plea and mitigation but found the offences were serious, involved use of a parang and planning, and the offender had prior similar convictions; public interest and deterrence required a substantial custodial sentence. Accordingly, the defendant was convicted on both counts and sentenced to nine years imprisonment on each count commencing from date of arrest (11.7.2020) and to receive six strokes of the rotan on each count; exhibits P10, P11 and P12 ordered delivered to prosecution after appeal period.

Citation
BK – 62RS – 14 – 07/ 2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Tertuduh: Muhamad Fadzli bin Jantan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 February 2022
Case Number
BK – 62RS – 14 – 07/ 2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Gang Robbery (seksyen 395 Read With Seksyen 397 Kanun Keseksaan) / Sentencing
Outcome
Convicted on both charges and sentenced.
Legal Topics
Gang Robbery, Use of Deadly Weapon, Plea of Guilty, Previous Convictions, Public Interest and Deterrence
Source Language
Malay/English
Criminal Law Sentencing Gang Robbery Use of Deadly Weapon Plea of Guilty Previous Convictions Public Interest and Deterrence

Case Brief

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Parties

Pendakwa Raya

Prosecution

Muhamad Fadzli bin Jantan

Tertuduh

Procedural Posture

Criminal Gang Robbery (seksyen 395 Read With Seksyen 397 Kanun Keseksaan) / Sentencing

Legal Issues

  1. 1 Validity and effect of early plea of guilty
  2. 2 Appropriate sentence under Seksyen 395 read with Seksyen 397
  3. 3 Weight to be given to previous convictions

Ratio Decidendi

Court accepted early guilty plea and mitigation but found the offences were serious, involved use of a parang and planning, and the offender had prior similar convictions; public interest and deterrence required a substantial custodial sentence. Accordingly, the defendant was convicted on both counts and sentenced to nine years imprisonment on each count commencing from date of arrest (11.7.2020) and to receive six strokes of the rotan on each count; exhibits P10, P11 and P12 ordered delivered to prosecution after appeal period.

Court Disposition

Convicted on both charges and sentenced.

Orders

  • Convicted on both charges under Seksyen 395 read with Seksyen 397 Kanun Keseksaan.
  • Sentenced to nine years imprisonment on each charge, both terms to run from date of arrest 11.7.2020.