[TIMBALAN ] 1. ) MOHAMAD AZRUL AZHAM BIN MOHD ROLZAMAN 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

[TIMBALAN ] 1. ) MOHAMAD AZRUL AZHAM BIN MOHD ROLZAMAN 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

Court accepted the accuseds' guilty pleas but limited mitigation credit due to seriousness of gang robbery, impact on victim and public interest; applying statutory provisions and authorities the court imposed a custodial sentence of 7 years from date of arrest and 3 strokes of whipping as proportionate and appropriate under Section 395 Kanun Keseksaan.

Citation
BF-62RS-9-05/2024 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Mohammad Azrul Azham bin Mohd Rolzaman; Accused: Mohd Hafizudin bin Mohd Shah
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 May 2024
Case Number
BF-62RS-9-05/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal (section 395 Gang Robbery) / Conviction and Sentencing (sessions Court)
Outcome
Accuseds convicted and sentenced
Legal Topics
Robbery, Gang Robbery, Plea of Guilty, Mitigation, Public Interest, Corporal Punishment, Identification Parade/cctv
Source Language
Malay/English
Criminal Law Sentencing Robbery Gang Robbery Plea of Guilty Mitigation Public Interest Corporal Punishment +1 more

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Parties

Pendakwa Raya

Prosecution

Mohammad Azrul Azham bin Mohd Rolzaman

Accused

Mohd Hafizudin bin Mohd Shah

Accused

Procedural Posture

Criminal (section 395 Gang Robbery) / Conviction and Sentencing (sessions Court)

Legal Issues

  1. 1 Whether the accuseds' guilty pleas were properly admitted and how much mitigation credit to allow
  2. 2 Whether the sentence imposed is proportionate given seriousness of gang robbery and public interest
  3. 3 Application of Sections 390, 391 and 395 Kanun Keseksaan and sentencing principles

Ratio Decidendi

Court accepted the accuseds' guilty pleas but limited mitigation credit due to seriousness of gang robbery, impact on victim and public interest; applying statutory provisions and authorities the court imposed a custodial sentence of 7 years from date of arrest and 3 strokes of whipping as proportionate and appropriate under Section 395 Kanun Keseksaan.

Court Disposition

Accuseds convicted and sentenced

Orders

  • Accuseds Mohammad Azrul Azham bin Mohd Rolzaman and Mohd Hafizudin bin Mohd Shah convicted under Section 395 Kanun Keseksaan; sentenced to 7 years' imprisonment from date of arrest and 3 strokes of whipping.
  • Convictions recorded on 17 May 2024; reasons and confirmation of sentence dated 26 November 2024.