MOHD SAFWAN BIN ABDUL RAHIM

MOHD SAFWAN BIN ABDUL RAHIM

The court affirmed the conviction and the sentence of one year imprisonment from date of arrest and one stroke of cane because, while the offence was serious, mitigating factors — unreserved guilty plea, first offender status, remorse, absence of evidence of public alarm — and the appropriateness of restorative justice rendered the sentence proportionate and sufficient to meet public interest and deterrence.

Citation
WA-62-89-07/2025 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohd Safwan bin Abdul Rahim
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 July 2025
Case Number
WA-62-89-07/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal / Appellate Decision on Sentence
Outcome
Appeal dismissed
Legal Topics
Grievous Hurt, Sentencing, Plea of Guilty, Restorative Justice, Public Interest
Source Language
Malay/English
Criminal Law Grievous Hurt Sentencing Plea of Guilty Restorative Justice Public Interest

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Mohd Safwan bin Abdul Rahim

Accused

Procedural Posture

Criminal / Appellate Decision on Sentence

Legal Issues

  1. 1 Whether the sentence of 1 year imprisonment and one stroke of cane was appropriate
  2. 2 Whether mitigating factors (first offender, guilty plea, remorse, family circumstances) justify a reduced sentence
  3. 3 Whether the offence caused public fear warranting a harsher sentence

Ratio Decidendi

The court affirmed the conviction and the sentence of one year imprisonment from date of arrest and one stroke of cane because, while the offence was serious, mitigating factors — unreserved guilty plea, first offender status, remorse, absence of evidence of public alarm — and the appropriateness of restorative justice rendered the sentence proportionate and sufficient to meet public interest and deterrence.

Court Disposition

Appeal dismissed

Orders

  • Conviction affirmed
  • Sentence of one (1) year imprisonment from date of arrest (1/7/2025) and one (1) stroke of cane