LIM SHEN YONG

LIM SHEN YONG

Accused’s unqualified guilty plea was accepted as voluntary; having considered the evidence including DNA linking the accused to the scene, the accused’s mitigation, and the public interest and aggravating factors, a sentence of 12 months imprisonment from date of conviction and a fine of RM2000 (default 4 months imprisonment) is appropriate and within statutory limits.

Citation
KH-83-93-12/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Lim Shen Yong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 December 2022
Case Number
KH-83-93-12/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (housebreaking and Theft) / Conviction and Sentencing
Outcome
Convicted under section 457 read with section 34 Kanun Keseksaan; sentenced.
Legal Topics
Housebreaking With Intent to Commit Theft, Guilty Plea Mitigation, Public Interest/ Deterrence, DNA Evidence Linking Accused
Source Language
Malay/English
Criminal Law Sentencing Housebreaking With Intent to Commit Theft Guilty Plea Mitigation Public Interest/ Deterrence DNA Evidence Linking Accused

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Parties

Pendakwa Raya

Prosecution

Lim Shen Yong

Accused

Procedural Posture

Criminal (housebreaking and Theft) / Conviction and Sentencing

Legal Issues

  1. 1 Whether the accused committed an offence under section 457 read with section 34 of the Kanun Keseksaan
  2. 2 Appropriate sentence balancing guilty plea mitigation against public interest and aggravating factors
  3. 3 Weight to be given to DNA evidence linking the accused to the scene

Ratio Decidendi

Accused’s unqualified guilty plea was accepted as voluntary; having considered the evidence including DNA linking the accused to the scene, the accused’s mitigation, and the public interest and aggravating factors, a sentence of 12 months imprisonment from date of conviction and a fine of RM2000 (default 4 months imprisonment) is appropriate and within statutory limits.

Court Disposition

Convicted under section 457 read with section 34 Kanun Keseksaan; sentenced.

Orders

  • Sentenced to 12 months imprisonment from date of conviction (27 December 2022)
  • Fine of RM2000, in default 4 months imprisonment