PENDAKWARAYA ABDUL KHALIQ BIN NAZERI UCHECHUKWU MIRACLE UKAEGBU

PENDAKWARAYA ABDUL KHALIQ BIN NAZERI UCHECHUKWU MIRACLE UKAEGBU

The court affirmed conviction and the five-month custodial sentence because the accused pleaded guilty but offered no mitigation, physically pushed police officers thereby undermining public order, and public interest justified a custodial sentence with a one-third reduction for the guilty plea resulting in five months' imprisonment from date of arrest.

Citation
WA-83-7234-09/2019 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Uchechukwu Miracle Ukaegbu (Passport: A09762783)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
13 September 2019
Case Number
WA-83-7234-09/2019 (Mahkamah Majistret)
Procedural Posture
Criminal / Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Obstruction of Public Servant, Section 186 Penal Code, Guilty Plea and Mitigation, Public Interest in Sentencing
Source Language
Malay/English
Criminal Law Sentencing Obstruction of Public Servant Section 186 Penal Code Guilty Plea and Mitigation Public Interest in Sentencing

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Parties

Pendakwa Raya

Prosecutor

Uchechukwu Miracle Ukaegbu (Passport: A09762783)

Accused

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether conviction under section 186 Penal Code is proper
  2. 2 Whether the sentence of five months' imprisonment is appropriate
  3. 3 Whether the accused's guilty plea warranted a greater discount in sentencing given public interest

Ratio Decidendi

The court affirmed conviction and the five-month custodial sentence because the accused pleaded guilty but offered no mitigation, physically pushed police officers thereby undermining public order, and public interest justified a custodial sentence with a one-third reduction for the guilty plea resulting in five months' imprisonment from date of arrest.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed and the conviction and sentence of five (5) months' imprisonment from the date of arrest (2 September 2019) is maintained