PENDAKWARAYA MOHD KADRI BIN MOHD ARUPIN

PENDAKWARAYA MOHD KADRI BIN MOHD ARUPIN

Court accepted the accused's voluntary guilty plea but, weighing mitigation against significant aggravating factors including prior similar convictions and the public interest in deterrence, imposed a deterrent sentence of five years' imprisonment from date of arrest and two strokes of rotan.

Citation
BK – 62RS – 20 – 11/ 2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya (Public Prosecutor); Accused/defendant: Mohd Kadri bin Mohd Arupin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 January 2022
Case Number
BK – 62RS – 20 – 11/ 2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery (sections 390/392 Kanun Keseksaan) / Conviction and Sentencing (guilty Plea Accepted)
Outcome
Accused convicted of robbery (s390 read with s392 Kanun Keseksaan); sentenced to imprisonment and corporal punishment.
Legal Topics
Robbery, Guilty Plea Acceptance, Mitigation and Aggravation, Repeat Offending, Corporal Punishment
Source Language
Malay/English
Criminal Law Sentencing Robbery Guilty Plea Acceptance Mitigation and Aggravation Repeat Offending Corporal Punishment

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Parties

Pendakwa Raya (Public Prosecutor)

Prosecution

Mohd Kadri bin Mohd Arupin

Accused/defendant

Procedural Posture

Criminal Robbery (sections 390/392 Kanun Keseksaan) / Conviction and Sentencing (guilty Plea Accepted)

Legal Issues

  1. 1 Whether the accused's guilty plea was validly and knowingly made
  2. 2 Appropriate sentencing having regard to mitigation, aggravating factors and prior convictions
  3. 3 Weight to be given to public interest and sentencing trends in robbery offences

Ratio Decidendi

Court accepted the accused's voluntary guilty plea but, weighing mitigation against significant aggravating factors including prior similar convictions and the public interest in deterrence, imposed a deterrent sentence of five years' imprisonment from date of arrest and two strokes of rotan.

Court Disposition

Accused convicted of robbery (s390 read with s392 Kanun Keseksaan); sentenced to imprisonment and corporal punishment.

Orders

  • Imprisonment for 5 years commencing from date of arrest 20.11.2020
  • Two strokes of rotan