PENDAKWARAYA MOHAMAD FAEZI BIN ABD LATIF

PENDAKWARAYA MOHAMAD FAEZI BIN ABD LATIF

Given the primacy of public interest, guilty pleas, mitigating personal circumstances, prevailing sentencing trend (RM5,000–RM10,000) and that imprisonment was not mandatory or proportionate, impose a fine of RM5,000 on each of ten counts with default three months imprisonment per count (total fine RM50,000; total default imprisonment 30 months); order forfeiture of instruments used under s.260(2).

Citation
BK-63-04-02/2020, BK-63-05-02/2020, BK-63-06-02/2020, BK-63-07-02/2020, BK-63-08-02/2020, BK-63-09-02/2020, BK-63-10-02/2020, BK-63-11-02/2020, BK-63-12-02/2020 DAN BK-63-13-02/2020 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Mohamad Faezi bin Abd Latif
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 April 2020
Case Number
BK-63-04-02/2020, BK-63-05-02/2020, BK-63-06-02/2020, BK-63-07-02/2020, BK-63-08-02/2020, BK-63-09-02/2020, BK-63-10-02/2020, BK-63-11-02/2020, BK-63-12-02/2020 DAN BK-63-13-02/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal (summons Under Communications and Multimedia Act) / Conviction and Sentencing After Guilty Plea
Outcome
Accused convicted on all ten charges; sentenced to a fine of RM5,000 on each charge (total RM50,000) in default three months imprisonment on each charge (total 30 months); exhibits forfeited under s.260(2).
Legal Topics
Improper Use of Network Service, Obscene Communications, Sentencing, Forfeiture
Source Language
Malay/English
Criminal Law Communications and Multimedia Law Improper Use of Network Service Obscene Communications Sentencing Forfeiture

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Parties

Public Prosecutor

Prosecution

Mohamad Faezi bin Abd Latif

Accused

Procedural Posture

Criminal (summons Under Communications and Multimedia Act) / Conviction and Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for offences under s.233(1)(a) of the Communications and Multimedia Act 1998
  2. 2 Whether to impose custodial sentence or fine
  3. 3 Weight to be given to timely guilty plea and personal mitigation

Ratio Decidendi

Given the primacy of public interest, guilty pleas, mitigating personal circumstances, prevailing sentencing trend (RM5,000–RM10,000) and that imprisonment was not mandatory or proportionate, impose a fine of RM5,000 on each of ten counts with default three months imprisonment per count (total fine RM50,000; total default imprisonment 30 months); order forfeiture of instruments used under s.260(2).

Court Disposition

Accused convicted on all ten charges; sentenced to a fine of RM5,000 on each charge (total RM50,000) in default three months imprisonment on each charge (total 30 months); exhibits forfeited under s.260(2).

Orders

  • Fine of RM5,000 on each of ten charges (total RM50,000)
  • In default of each fine three months imprisonment per charge (aggregate default imprisonment 30 months)