Khokin Miah [ ]

Khokin Miah [ ]

The Court held the guilty plea was properly recorded with interpreter assistance and compliance with s.173(b); under s.305 the appeal was confined to sentence only; the sentence imposed by the trial court fell within the lawful minimum established by the amended s.302 (Act 846) and was the minimum permissible given the facts and public interest, therefore there was no basis for appellate interference and the appeal was dismissed.

Citation
B-05(SH)-369-09/2023 (Mahkamah Rayuan)
Parties
Appellant (perayu): Khokin Miah; Respondent (pendakwa Raya): Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
12 December 2024
Case Number
B-05(SH)-369-09/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Final Judgment by Court of Appeal
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Murder (section 302 Kanun Keseksaan), Guilty Plea Procedure, Abolition of Mandatory Death Penalty (act 846), Limits of Appeal After Plea (section 305 Ktj), Admissibility and Forensic DNA Evidence
Source Language
Malay/English
Criminal Law Criminal Procedure Sentencing Forensic Evidence Murder (section 302 Kanun Keseksaan) Guilty Plea Procedure Abolition of Mandatory Death Penalty (act 846) Limits of Appeal After Plea (section 305 Ktj) +1 more

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Parties

Khokin Miah

Appellant (perayu)

Pendakwa Raya

Respondent (pendakwa Raya)

Procedural Posture

Criminal Appeal / Final Judgment by Court of Appeal

Legal Issues

  1. 1 Whether the guilty plea was valid and recorded in compliance with procedural law
  2. 2 Whether the appeal against conviction and sentence was permissible after an unconditional guilty plea
  3. 3 Whether the sentence imposed was excessive or outside the lawful range after amendment by Act 846

Ratio Decidendi

The Court held the guilty plea was properly recorded with interpreter assistance and compliance with s.173(b); under s.305 the appeal was confined to sentence only; the sentence imposed by the trial court fell within the lawful minimum established by the amended s.302 (Act 846) and was the minimum permissible given the facts and public interest, therefore there was no basis for appellate interference and the appeal was dismissed.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction affirmed