MUHAMMAD HAZIM NAZMI BIN HUSSEIN

MUHAMMAD HAZIM NAZMI BIN HUSSEIN

Offence falls squarely within section 376(2)(d) requiring the statutory minimum imprisonment of ten years and whipping; having weighed aggravating factors (seriousness of sexual offence against a 10‑year‑old, public interest and deterrence) against mitigation, the court imposed the statutory minimum imprisonment and whipping together with police supervision and rehabilitative counselling as permitted by sections 295(1A) and 295(1).

Citation
AA-62JSK-77-08/2023 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Hazim Nazmi bin Hussein
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 October 2023
Case Number
AA-62JSK-77-08/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Rape (child) / Appeal Against Sentence / Sentencing
Outcome
Convicted and sentenced; sentence imposed in accordance with statutory minima
Legal Topics
Rape, Sentencing, Mandatory Minimum Sentence, Police Supervision, Rehabilitative Counselling
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Rape Sentencing Mandatory Minimum Sentence Police Supervision Rehabilitative Counselling

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Parties

Pendakwa Raya

Prosecution

Muhammad Hazim Nazmi bin Hussein

Accused

Procedural Posture

Criminal Rape (child) / Appeal Against Sentence / Sentencing

Legal Issues

  1. 1 Whether the mandatory minimum sentence under section 376(2)(d) applies
  2. 2 Appropriate quantum of sentence given seriousness of sexual offence against a child
  3. 3 Weight to be given to mitigation (age, first offence, guilty plea, remorse)

Ratio Decidendi

Offence falls squarely within section 376(2)(d) requiring the statutory minimum imprisonment of ten years and whipping; having weighed aggravating factors (seriousness of sexual offence against a 10‑year‑old, public interest and deterrence) against mitigation, the court imposed the statutory minimum imprisonment and whipping together with police supervision and rehabilitative counselling as permitted by sections 295(1A) and 295(1).

Court Disposition

Convicted and sentenced; sentence imposed in accordance with statutory minima

Orders

  • Imprisonment for 10 years commencing from date of arrest on 9.8.2023
  • One stroke of whipping