MUHAMMAD SHAFUAN BIN RAZAK

MUHAMMAD SHAFUAN BIN RAZAK

The court held it had jurisdiction to exercise discretion under s.294 CPC notwithstanding the mandatory imprisonment wording of s.376(1) Penal Code and, on the facts (accused aged 21, guilty plea, remorse, victim's active role, absence of overt force, rehabilitative prospects), it was appropriate to impose a good behaviour bond rather than immediate imprisonment: accused released on a 2-year bond with one surety and RM20,000 deposit and conviction to be recorded.

Citation
DI-62JSK-10-07/2024 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Shafuan bin Razak
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 February 2026
Case Number
DI-62JSK-10-07/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal / Post Conviction Sentencing Good Behaviour Bond Imposed; Prosecution Appeal Filed
Outcome
Accused convicted and released on a good behaviour bond under s.294 CPC for 2 years; prosecution has filed an appeal to the High Court against sentence.
Legal Topics
Rape (s.376(1) Penal Code), Probation/good Behaviour Bond (s.294 Cpc), Mandatory Sentences, Appeal Against Sentence, Rehabilitation Vs Deterrence
Source Language
Malay/English
Criminal Law Sexual Offences Sentencing Juvenile/youth Offenders Rape (s.376(1) Penal Code) Probation/good Behaviour Bond (s.294 Cpc) Mandatory Sentences Appeal Against Sentence +1 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Shafuan bin Razak

Accused

Procedural Posture

Criminal / Post Conviction Sentencing Good Behaviour Bond Imposed; Prosecution Appeal Filed

Legal Issues

  1. 1 Whether a court may order a good behaviour bond under s.294 CPC where the offence carries a mandatory term of imprisonment under s.376(1) Penal Code
  2. 2 Whether facts and offender's circumstances justify exercise of discretion to impose bond rather than immediate imprisonment
  3. 3 Public interest and rehabilitative considerations versus mandatory sentencing and deterrence

Ratio Decidendi

The court held it had jurisdiction to exercise discretion under s.294 CPC notwithstanding the mandatory imprisonment wording of s.376(1) Penal Code and, on the facts (accused aged 21, guilty plea, remorse, victim's active role, absence of overt force, rehabilitative prospects), it was appropriate to impose a good behaviour bond rather than immediate imprisonment: accused released on a 2-year bond with one surety and RM20,000 deposit and conviction to be recorded.

Court Disposition

Accused convicted and released on a good behaviour bond under s.294 CPC for 2 years; prosecution has filed an appeal to the High Court against sentence.

Orders

  • Accused convicted of offence under s.376(1) Kanun Keseksaan (record of conviction to be kept)
  • Accused released on a good behaviour bond under s.294 Kanun Tatacara Jenayah for a period of 2 years