PENDAKWARAYA Timbalan 1) Felsius bin Robert 2) Robert Murangggong bin Mohiza 3) Felidaus Robert Muranggong

PENDAKWARAYA Timbalan 1) Felsius bin Robert 2) Robert Murangggong bin Mohiza 3) Felidaus Robert Muranggong

Accused persons who admitted facts establishing grievous hurt under s.325 read with s.34 are guilty; although injury was serious a lack of premeditation, guilty pleas, first offender status, family circumstances and low means justified mitigation; because imprisonment is mandatory the court selected a minimal custodial sentence reflecting seriousness and public interest — 14 days imprisonment each, running from conviction date.

Citation
BH83-1568-08/2020 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Felsius bin Robert; Accused: Robert Muranggong bin Mohiza; Accused: Felidaus Robert Muranggong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
26 August 2020
Case Number
BH83-1568-08/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Assault Causing Grievous Hurt (s.325 Penal Code) / Conviction and Sentencing
Outcome
All three accused convicted as charged
Legal Topics
Grievous Hurt, Section 325 Penal Code, Plea of Guilty, First Offender, Mandatory Imprisonment, Mitigation
Source Language
Malay/English
Criminal Law Sentencing Grievous Hurt Section 325 Penal Code Plea of Guilty First Offender Mandatory Imprisonment Mitigation

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Parties

Public Prosecutor

Prosecutor

Felsius bin Robert

Accused

Robert Muranggong bin Mohiza

Accused

Felidaus Robert Muranggong

Accused

Procedural Posture

Criminal Assault Causing Grievous Hurt (s.325 Penal Code) / Conviction and Sentencing

Legal Issues

  1. 1 Whether the accused committed an offence under s.325 read with s.34 of the Penal Code
  2. 2 What sentence is appropriate given mandatory imprisonment and mitigating factors (guilty plea, first offender, lack of premeditation)
  3. 3 Application of sentencing principles: plea discount, clang of prison gates, short sharp shock, public interest vs individual mitigation

Ratio Decidendi

Accused persons who admitted facts establishing grievous hurt under s.325 read with s.34 are guilty; although injury was serious a lack of premeditation, guilty pleas, first offender status, family circumstances and low means justified mitigation; because imprisonment is mandatory the court selected a minimal custodial sentence reflecting seriousness and public interest — 14 days imprisonment each, running from conviction date.

Court Disposition

All three accused convicted as charged

Orders

  • All three accused persons convicted under s.325 Penal Code read with s.34 and sentenced to 14 days imprisonment each, to run from date of conviction (23 September 2020).