Ku Muhammad Faiz Zahidi Bin Ku Shaharuzaman

Ku Muhammad Faiz Zahidi Bin Ku Shaharuzaman

Balancing statutory maximum penalties, mitigating factors (guilty plea, first offender, youth, family hardship, remorse, limited dissemination and no violence) against public interest and deterrence, the court concluded non‑custodial sentences in the form of fines were proportionate; imposed RM2,000 fine per count...

Source-derived case information.

Citation
JA-63-34-06/2020 (Mahkamah Sesyen)
Parties
Applicant/prosecution: Public Prosecutor; Accused/respondent: Ku Muhammad Faiz Zahidi bin Ku Shaharuzaman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 June 2022
Case Number
JA-63-34-06/2020 (Mahkamah Sesyen)
Procedural Posture
Appeal by Prosecution Against Sentence Under the Communications and Multimedia Act 1998 / Appeal Decision on Sentencing (judgment on Appeal)
Outcome
Sentence imposed on appeal: fines and forfeiture ordered (convictions affirmed and sentence determined)
Legal Topics
Indecent/obscene Communications, Section 233 CMA 1998, Mitigation and Sentencing Principles, Forfeiture of Exhibits
Criminal Law Communications and Multimedia Law Sentencing Law Indecent/obscene Communications Section 233 CMA 1998 Mitigation and Sentencing Principles Forfeiture of Exhibits

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Parties

Public Prosecutor

Applicant/prosecution

Ku Muhammad Faiz Zahidi bin Ku Shaharuzaman

Accused/respondent

Procedural Posture

Appeal by Prosecution Against Sentence Under the Communications and Multimedia Act 1998 / Appeal Decision on Sentencing (judgment on Appeal)

Legal Issues

  1. 1 Appropriate sentence for convictions under s233(1)(a) CMA 1998
  2. 2 Whether custodial sentence is necessary or proportionate
  3. 3 Proper quantum of fine and default imprisonment

Ratio Decidendi

Balancing statutory maximum penalties, mitigating factors (guilty plea, first offender, youth, family hardship, remorse, limited dissemination and no violence) against public interest and deterrence, the court concluded non‑custodial sentences in the form of fines were proportionate; imposed RM2,000 fine per count (8 counts) totalling RM16,000 with default imprisonment 3 months per count (aggregate 24 months) and ordered forfeiture of exhibits P8 and P9 to the Malaysian Communications Commission.

Court Disposition

Sentence imposed on appeal: fines and forfeiture ordered (convictions affirmed and sentence determined)

Orders

  • Accused convicted under s233(1)(a) Communications and Multimedia Act 1998 on eight counts
  • Fine RM2,000.00 for each count (8 counts) totalling RM16,000.00