Ku Muhammad Faiz Zahidi Bin Ku Shaharuzaman

Ku Muhammad Faiz Zahidi Bin Ku Shaharuzaman

Given the non-violent nature of the repeated but limited dissemination to a single individual, the accused's early guilty plea, first-offender status, youth, difficult family background and absence of reoffending since charge, a fine is proportionate and imprisonment is unwarranted; imposed RM2,000 per count (8 counts) totalling RM16,000 with default custody 3 months per count (aggregate 24 months) and ordered forfeiture of exhibits P8 and P9 to the Malaysian Communications Commission.

Citation
JA-63-40-06/2020 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Ku Muhammad Faiz Zahidi bin Ku Shaharuzaman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 June 2022
Case Number
JA-63-40-06/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Offence Under Communications and Multimedia Act 1998 / Sentencing Prosecution Appeal Against Sentence
Outcome
Accused convicted on eight counts under s233(1)(a) Communications and Multimedia Act 1998; sentenced to fine of RM2,000 for each count (total RM16,000) with default imprisonment 3 months per count (aggregate 24 months) and exhibits P8 and P9 forfeited to the Malaysian Communications Commission.
Legal Topics
Obscene Communications, Sentencing, Restorative Justice, Forfeiture of Exhibits
Source Language
Malay/English
Criminal Law Communications and Multimedia Law Obscene Communications Sentencing Restorative Justice Forfeiture of Exhibits

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Parties

Pendakwa Raya

Prosecutor

Ku Muhammad Faiz Zahidi bin Ku Shaharuzaman

Accused

Procedural Posture

Criminal Offence Under Communications and Multimedia Act 1998 / Sentencing Prosecution Appeal Against Sentence

Legal Issues

  1. 1 Whether fine or imprisonment is the appropriate sentence for offences under s233(1)(a) CMA 1998
  2. 2 Appropriate quantum of sentence given mitigation: guilty plea, first offender, youth, personal background
  3. 3 Whether exhibits P8 and P9 should be forfeited to the regulator

Ratio Decidendi

Given the non-violent nature of the repeated but limited dissemination to a single individual, the accused's early guilty plea, first-offender status, youth, difficult family background and absence of reoffending since charge, a fine is proportionate and imprisonment is unwarranted; imposed RM2,000 per count (8 counts) totalling RM16,000 with default custody 3 months per count (aggregate 24 months) and ordered forfeiture of exhibits P8 and P9 to the Malaysian Communications Commission.

Court Disposition

Accused convicted on eight counts under s233(1)(a) Communications and Multimedia Act 1998; sentenced to fine of RM2,000 for each count (total RM16,000) with default imprisonment 3 months per count (aggregate 24 months) and exhibits P8 and P9 forfeited to the Malaysian Communications Commission.

Orders

  • Convicted under s233(1)(a) CMA 1998 on eight counts
  • Fine RM2,000 for each count payable by accused (total RM16,000)