MUHAMMAD SUHARDI BIN DIN

MUHAMMAD SUHARDI BIN DIN

Court accepted medical report that accused was fit to stand trial, accepted unqualified guilty plea and found elements of Section 326 established (use of a parang causing deep laceration, exposed bone/tendon and fractured ulna). Considering gravity, aggravating factors (weapon, location in victim's home, serious injury, premeditation) and public interest deterrence, court exercised its sentencing discretion to impose 8 years' imprisonment from date of arrest and a fine of RM10,000 (6 months default).

Citation
AG-62-15-09/2024 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MUHAMMAD SUHARDI BIN DIN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 November 2024
Case Number
AG-62-15-09/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Charge Under Section 326 Penal Code / Sentencing Following Conviction on Guilty Plea
Outcome
Accused convicted under Section 326 Penal Code and sentenced
Legal Topics
Grievous Hurt (section 326 Penal Code), Fitness to Stand Trial (section 342 Criminal Procedure Code), Plea of Guilty Safeguards, Aggravating and Mitigating Factors, Public Interest and Deterrence
Source Language
Malay/English
Criminal Law Sentencing Law Forensic/mental Fitness Grievous Hurt (section 326 Penal Code) Fitness to Stand Trial (section 342 Criminal Procedure Code) Plea of Guilty Safeguards Aggravating and Mitigating Factors Public Interest and Deterrence

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

MUHAMMAD SUHARDI BIN DIN

Accused

Procedural Posture

Criminal Charge Under Section 326 Penal Code / Sentencing Following Conviction on Guilty Plea

Legal Issues

  1. 1 Whether the accused was fit to be tried and could validly enter a guilty plea
  2. 2 Whether the elements of offence under Section 326 Penal Code were established
  3. 3 Whether and to what extent a discount for a guilty plea was appropriate

Ratio Decidendi

Court accepted medical report that accused was fit to stand trial, accepted unqualified guilty plea and found elements of Section 326 established (use of a parang causing deep laceration, exposed bone/tendon and fractured ulna). Considering gravity, aggravating factors (weapon, location in victim's home, serious injury, premeditation) and public interest deterrence, court exercised its sentencing discretion to impose 8 years' imprisonment from date of arrest and a fine of RM10,000 (6 months default).

Court Disposition

Accused convicted under Section 326 Penal Code and sentenced

Orders

  • Accused sentenced to 8 years' imprisonment from date of arrest
  • Fine of RM10,000; in default 6 months imprisonment