[Timbalan (TPR), Jabatan Peguam Negara] MOHD AZHAR

[Timbalan (TPR), Jabatan Peguam Negara] MOHD AZHAR

Conviction under Section 376(1) Kanun Keseksaan sustained and sentence of 12 years imprisonment from date of arrest plus 3 strokes imposed as proportionate and appropriate after weighing seriousness, public interest and limited mitigation from guilty plea and first offender status.

Citation
WA-62JS-4-02/2023 (Mahkamah Sesyen)
Parties
Accused: Mohd Azhar; Prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
9 February 2023
Case Number
WA-62JS-4-02/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Appeal Against Sentence
Outcome
Convicted under Section 376(1) Kanun Keseksaan; sentenced to 12 years imprisonment and 3 strokes
Legal Topics
Rape, Sentencing Principles, Mitigating Factors, Public Interest, Aggravating Factors
Source Language
Malay/English
Criminal Law Sexual Offences Sentencing Rape Sentencing Principles Mitigating Factors Public Interest Aggravating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mohd Azhar

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for rape under Section 376(1) Kanun Keseksaan was appropriate
  2. 2 Weight to be given to public interest and deterrence versus mitigating factors such as plea and first offender status
  3. 3 Assessment of aggravating facts including violence and injury to the victim

Ratio Decidendi

Conviction under Section 376(1) Kanun Keseksaan sustained and sentence of 12 years imprisonment from date of arrest plus 3 strokes imposed as proportionate and appropriate after weighing seriousness, public interest and limited mitigation from guilty plea and first offender status.

Court Disposition

Convicted under Section 376(1) Kanun Keseksaan; sentenced to 12 years imprisonment and 3 strokes

Orders

  • Imprisonment for 12 years to run from date of arrest
  • Three strokes (sebatan) to be administered