PENDAKWARAYA MUHAMMAD SUHAIMI KAMARUL BAZLI

PENDAKWARAYA MUHAMMAD SUHAIMI KAMARUL BAZLI

The court accepted the accused's guilty plea as voluntary and informed, considered mitigating factors (youth, early plea, social report) and aggravating factors (seriousness, public interest, previous conviction), and concluded that deterrence and protection of society required a custodial sentence of three years starting from date of arrest (11.6.2020).

Citation
BK – 62RS – 13 – 06/ 2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Tertuduh (defendant): Muhammad Suhaimi Kamarul Bazli; Social Welfare (report Presenter): Jabatan Kebajikan Masyarakat
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 January 2022
Case Number
BK – 62RS – 13 – 06/ 2020 (Mahkamah Sesyen)
Procedural Posture
Criminal (offence Under Section 412 Kanun Keseksaan) / Conviction and Sentencing (sessions Court)
Outcome
Convicted under Section 412 Kanun Keseksaan and sentenced to 3 years imprisonment commencing 11.6.2020.
Legal Topics
Receiving Stolen Property, Gang Robbery, Guilty Plea Safeguards, Mitigation and Aggravation, Youth Offender Considerations, Sentencing Trends
Source Language
Malay/English
Criminal Law Sentencing Property Offences Receiving Stolen Property Gang Robbery Guilty Plea Safeguards Mitigation and Aggravation Youth Offender Considerations +1 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Suhaimi Kamarul Bazli

Tertuduh (defendant)

Jabatan Kebajikan Masyarakat

Social Welfare (report Presenter)

Procedural Posture

Criminal (offence Under Section 412 Kanun Keseksaan) / Conviction and Sentencing (sessions Court)

Legal Issues

  1. 1 Whether the guilty plea was valid and understanding of consequences
  2. 2 Appropriate sentence under Section 412 given facts, prior record and public interest
  3. 3 Weight to be given to mitigation (youth, early plea, social report) versus aggravation (seriousness, deterrence)

Ratio Decidendi

The court accepted the accused's guilty plea as voluntary and informed, considered mitigating factors (youth, early plea, social report) and aggravating factors (seriousness, public interest, previous conviction), and concluded that deterrence and protection of society required a custodial sentence of three years starting from date of arrest (11.6.2020).

Court Disposition

Convicted under Section 412 Kanun Keseksaan and sentenced to 3 years imprisonment commencing 11.6.2020.

Orders

  • Exhibit P12 (17 boxes of Dunhill cigarettes) to be handed over to the prosecution after the expiry of the appeal period