TEO SEAN THUAN

TEO SEAN THUAN

Given the accused's early guilty plea, advanced age, low income and caring responsibilities, absence of premeditation and prior convictions, and the need for a sentence that is both instructive and reformative rather than purely punitive, the appropriate sentence for the offence under Section 325 is 1 day imprisonment and a fine of RM4,000 (default 2 months imprisonment).

Citation
PA-83-475-03/2023 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: TEO SEAN THUAN (660204-07-5615)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
14 June 2023
Case Number
PA-83-475-03/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Assault Causing Grievous Hurt (section 325 Kanun Keseksaan) / Sentencing
Outcome
Accused convicted under Section 325 Kanun Keseksaan and sentenced
Legal Topics
Grievous Hurt, Guilty Plea as Mitigating Factor, Mitigation and Aggravation, Deterrence Vs Reformation, Premeditation
Source Language
Malay/English
Criminal Law Sentencing Grievous Hurt Guilty Plea as Mitigating Factor Mitigation and Aggravation Deterrence Vs Reformation Premeditation

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Parties

PENDAKWA RAYA

Prosecution

TEO SEAN THUAN (660204-07-5615)

Accused

Procedural Posture

Criminal Assault Causing Grievous Hurt (section 325 Kanun Keseksaan) / Sentencing

Legal Issues

  1. 1 Whether the accused committed an offence under Section 325 Kanun Keseksaan
  2. 2 What sentence is appropriate given guilty plea, age, lack of premeditation, remorse, no prior record and public interest

Ratio Decidendi

Given the accused's early guilty plea, advanced age, low income and caring responsibilities, absence of premeditation and prior convictions, and the need for a sentence that is both instructive and reformative rather than purely punitive, the appropriate sentence for the offence under Section 325 is 1 day imprisonment and a fine of RM4,000 (default 2 months imprisonment).

Court Disposition

Accused convicted under Section 325 Kanun Keseksaan and sentenced

Orders

  • Convicted under Section 325 Kanun Keseksaan.
  • Sentenced to 1 day imprisonment from date of conviction.