PENDAKWARAYA Timbalan Muhammad Faizal bin Mohd Farook

PENDAKWARAYA Timbalan Muhammad Faizal bin Mohd Farook

Accused, having pleaded guilty to housebreaking under s.457 Kanun Keseksaan, was sentenced to 24 months imprisonment from date of conviction after balancing mitigation (guilty plea and personal hardship) against public interest, deterrence and the relevance of a prior s.411 conviction which is of similar character...

Source-derived case information.

Citation
BH83RS-135-09/2020 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Muhammad Faizal bin Mohd Farook
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 September 2020
Case Number
BH83RS-135-09/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Housebreaking (s.457 Penal Code) / Sentencing
Outcome
Accused convicted as charged under s.457 Kanun Keseksaan following plea of guilty.
Legal Topics
Housebreaking (s.457), Theft, Prior Convictions, Mitigation, Deterrence
Criminal Law Sentencing Procedural Law Housebreaking (s.457) Theft Prior Convictions Mitigation Deterrence

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Parties

Public Prosecutor

Prosecutor

Muhammad Faizal bin Mohd Farook

Accused

Procedural Posture

Criminal Housebreaking (s.457 Penal Code) / Sentencing

Legal Issues

  1. 1 Whether accused should be sentenced for offence under s.457 Kanun Keseksaan
  2. 2 Whether prior conviction under s.411 is admissible and relevant to sentencing for s.457
  3. 3 Appropriate quantum of sentence balancing mitigation (guilty plea, family hardship) and public interest/deterrence

Ratio Decidendi

Accused, having pleaded guilty to housebreaking under s.457 Kanun Keseksaan, was sentenced to 24 months imprisonment from date of conviction after balancing mitigation (guilty plea and personal hardship) against public interest, deterrence and the relevance of a prior s.411 conviction which is of similar character and therefore properly considered in sentencing for s.457.

Court Disposition

Accused convicted as charged under s.457 Kanun Keseksaan following plea of guilty.

Orders

  • Convicted under section 457 Kanun Keseksaan.
  • Sentenced to 24 months imprisonment from date of conviction.