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

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

Court accepted the early guilty pleas and mitigation but held that the seriousness of gang robbery, harm to victims and public interest required a substantial custodial sentence; accordingly both accused were convicted on the amended charge under s.395 Penal Code and sentenced to seven years' imprisonment (to commence after completion of sentence in case 62RS-8-05/2-24) and three strokes of the rotan, with limited discount for plea.

Citation
BF-62RS-11-05/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohammad Azrul Azham bin Mohd Rolzaman (010707-10-1737); Accused: Mohd Hafizudin bin Mohd Shah (931128-14-6099)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 May 2024
Case Number
BF-62RS-11-05/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Gang Robbery (section 395 Penal Code) / Sentencing on Guilty Plea; Notice of Appeal Filed Against Sentence
Outcome
Accused convicted and sentenced
Legal Topics
Robbery, Gang Robbery, Guilty Plea Mitigation, Public Interest in Sentencing, Corporal Punishment
Source Language
Malay/English
Criminal Law Sentencing Procedure Robbery Gang Robbery Guilty Plea Mitigation Public Interest in Sentencing Corporal Punishment

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Parties

Pendakwa Raya

Prosecutor

Mohammad Azrul Azham bin Mohd Rolzaman (010707-10-1737)

Accused

Mohd Hafizudin bin Mohd Shah (931128-14-6099)

Accused

Procedural Posture

Criminal Gang Robbery (section 395 Penal Code) / Sentencing on Guilty Plea; Notice of Appeal Filed Against Sentence

Legal Issues

  1. 1 Appropriate sentence for gang-robbery under s.395 Penal Code
  2. 2 Whether and how much discount applies for an early guilty plea
  3. 3 Balancing mitigating factors against public interest and deterrence

Ratio Decidendi

Court accepted the early guilty pleas and mitigation but held that the seriousness of gang robbery, harm to victims and public interest required a substantial custodial sentence; accordingly both accused were convicted on the amended charge under s.395 Penal Code and sentenced to seven years' imprisonment (to commence after completion of sentence in case 62RS-8-05/2-24) and three strokes of the rotan, with limited discount for plea.

Court Disposition

Accused convicted and sentenced

Orders

  • Both accused convicted on the amended charge under Section 395 Penal Code
  • Each accused sentenced to 7 years' imprisonment to run from the completion of sentence in case 62RS-8-05/2-24