BK-63-4-11/2021 & 11 OTHER CASES (Mahkamah Sesyen)

BK-63-4-11/2021 & 11 OTHER CASES (Mahkamah Sesyen)

Accused convicted on all 12 counts under s.233(1)(a) CMA 1998; sentencing balanced mitigating credit for immediate guilty pleas, remorse and first‑time offender status against significant aggravation (repetitive, malicious obscene transmissions over nine months, deliberate harm to victim, refusal to cooperate leading to arrest warrant); led to imprisonment of 3 months per count (total 36 months) and forfeiture of specified exhibits under s.260(2).

Citation
BK-63-4-11/2021 & 11 OTHER CASES (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Muhammad Hakim Habibullah; Complainant: Mohamad Ismadi bin Ismail
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 June 2022
Case Number
BK-63-4-11/2021 & 11 OTHER CASES (Mahkamah Sesyen)
Procedural Posture
Criminal Summons (s.233 CMA 1998) / Sentencing / Judgment
Outcome
Accused convicted on all twelve charges under s.233(1)(a) CMA 1998 and sentenced to imprisonment; forfeiture order made for specified exhibits.
Legal Topics
Obscene Communications, Section 233 CMA 1998, Sentencing Principles, Forfeiture of Exhibits
Source Language
Malay/English
Criminal Law Communications and Multimedia Law Internet/social Media Law Obscene Communications Section 233 CMA 1998 Sentencing Principles Forfeiture of Exhibits

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Parties

Public Prosecutor

Prosecutor

Muhammad Hakim Habibullah

Accused

Mohamad Ismadi bin Ismail

Complainant

Procedural Posture

Criminal Summons (s.233 CMA 1998) / Sentencing / Judgment

Legal Issues

  1. 1 Whether the accused's transmissions contravened s.233(1)(a) of the Communications and Multimedia Act 1998
  2. 2 What sentence is appropriate having regard to aggravating and mitigating factors including timely guilty plea and first offender status
  3. 3 Whether exhibits used in commission of the offences should be forfeited under s.260(2) of the Act

Ratio Decidendi

Accused convicted on all 12 counts under s.233(1)(a) CMA 1998; sentencing balanced mitigating credit for immediate guilty pleas, remorse and first‑time offender status against significant aggravation (repetitive, malicious obscene transmissions over nine months, deliberate harm to victim, refusal to cooperate leading to arrest warrant); led to imprisonment of 3 months per count (total 36 months) and forfeiture of specified exhibits under s.260(2).

Court Disposition

Accused convicted on all twelve charges under s.233(1)(a) CMA 1998 and sentenced to imprisonment; forfeiture order made for specified exhibits.

Orders

  • Convicted on all 12 charges under s.233(1)(a) Communications and Multimedia Act 1998.
  • Imprisonment: 3 months on each charge, to run consecutively, totaling 36 months imprisonment.