MOHD FAIZUL BIN RAZAK

MOHD FAIZUL BIN RAZAK

Accused's voluntary, informed guilty plea and admitted facts satisfied elements of offences; however the aggregate conduct was serious (night-time housebreaking, imitation firearm threat, physical assault, attempted abduction and obstruction of police) so after weighing mitigation and public interest the court imposed concurrent custodial sentences and fines as recorded, which are lawful, proportionate and justified; conviction is upheld and appeal against conviction is barred except on sentence legality/extent (s.305 CPC).

Citation
DJ-83-126-02/2026 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohd Faizul bin Razak
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 February 2026
Case Number
DJ-83-126-02/2026 (Mahkamah Majistret)
Procedural Posture
Criminal / Conviction and Sentencing (guilty Plea Recorded)
Outcome
Accused convicted on plea and sentenced; convictions maintained and sentence imposed as set out below
Legal Topics
Housebreaking and Robbery (s.457 Penal Code), Criminal Intimidation (s.506 Penal Code), Assault Causing Hurt (s.323) and Aggravated Hurt (s.326 A), Obstruction of Public Servant (s.186 Penal Code), Possession of Imitation Firearm (s.36(1) Firearms Act 1960), Guilty Plea and Limits on Appeal (s.305 Cpc), Sentencing Principles, Mitigation and Public Interest
Source Language
Malay/English
Criminal Law Criminal Procedure Firearms Law Housebreaking and Robbery (s.457 Penal Code) Criminal Intimidation (s.506 Penal Code) Assault Causing Hurt (s.323) and Aggravated Hurt (s.326 A) Obstruction of Public Servant (s.186 Penal Code) Possession of Imitation Firearm (s.36(1) Firearms Act 1960) +2 more

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Parties

Pendakwa Raya

Prosecutor

Mohd Faizul bin Razak

Accused

Procedural Posture

Criminal / Conviction and Sentencing (guilty Plea Recorded)

Legal Issues

  1. 1 Whether guilty plea was valid and bars appeal against conviction
  2. 2 Appropriate sentence given seriousness and mitigating factors
  3. 3 Whether public interest and deterrence justify custodial sentences and fines

Ratio Decidendi

Accused's voluntary, informed guilty plea and admitted facts satisfied elements of offences; however the aggregate conduct was serious (night-time housebreaking, imitation firearm threat, physical assault, attempted abduction and obstruction of police) so after weighing mitigation and public interest the court imposed concurrent custodial sentences and fines as recorded, which are lawful, proportionate and justified; conviction is upheld and appeal against conviction is barred except on sentence legality/extent (s.305 CPC).

Court Disposition

Accused convicted on plea and sentenced; convictions maintained and sentence imposed as set out below

Orders

  • Section 457 Penal Code: 2 years imprisonment from date of arrest and fine RM10000 (in default 2 years imprisonment).
  • Section 506 Penal Code: 5 years imprisonment from date of arrest.