1. ) LOGANATHAN A/L GANESAN 2. ) SUJENDRAN A.L SARAVANAN 3. ) KAMSHWARAN A/L NAGENDRAN 4. ) XXXX

1. ) LOGANATHAN A/L GANESAN 2. ) SUJENDRAN A.L SARAVANAN 3. ) KAMSHWARAN A/L NAGENDRAN 4. ) XXXX

The court held that a 36‑month imprisonment term commencing from date of arrest is proportionate and within the established sentencing range for Section 365 offences where victim was confined for under 24 hours; public interest outweighs mitigation from guilty pleas but the plea was considered in determining sentence.

Citation
BA-83-1868-11/2019 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Loganathan a/l Ganesan; Accused: Sujendran a/l Saravanan; Accused: Kamshwaran a/l Nagendran
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
14 February 2022
Case Number
BA-83-1868-11/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Appeal Against Sentence / Appellate Consideration of Sentence by Magistrate (reasons for Sentence)
Outcome
Sentence of 36 months imprisonment affirmed for each accused
Legal Topics
Kidnapping, Sentencing, Plea Mitigation, Public Interest, Section 365 Penal Code, Joint Liability Section 34
Source Language
Malay/English
Criminal Law Kidnapping Sentencing Plea Mitigation Public Interest Section 365 Penal Code Joint Liability Section 34

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Parties

Pendakwa Raya

Prosecutor

Loganathan a/l Ganesan

Accused

Sujendran a/l Saravanan

Accused

Kamshwaran a/l Nagendran

Accused

Procedural Posture

Criminal Appeal Against Sentence / Appellate Consideration of Sentence by Magistrate (reasons for Sentence)

Legal Issues

  1. 1 Whether a 36‑month sentence under Section 365 read with Section 34 is appropriate
  2. 2 Whether public interest outweighs mitigation from guilty plea
  3. 3 Whether the sentence aligns with established precedents and sentencing trend for Section 365 offences

Ratio Decidendi

The court held that a 36‑month imprisonment term commencing from date of arrest is proportionate and within the established sentencing range for Section 365 offences where victim was confined for under 24 hours; public interest outweighs mitigation from guilty pleas but the plea was considered in determining sentence.

Court Disposition

Sentence of 36 months imprisonment affirmed for each accused

Orders

  • Convicted under Section 365 read with Section 34 of the Penal Code
  • Each accused sentenced to 36 months imprisonment to run from date of arrest 14 November 2019