1. ) MOHAMAD HAFIZ BIN MUHD GHAZALI 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

1. ) MOHAMAD HAFIZ BIN MUHD GHAZALI 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

The court accepted the accused's early guilty plea as mitigation but gave limited discount due to the gravity of gang robbery and public interest in deterrence, and imposed sentence of 7 years' imprisonment and 4 strokes of the cane under Seksyen 395 Kanun Keseksaan.

Citation
BF-62RS-10-05/2024 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Hafizudin bin Mohd Shah
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 May 2024
Case Number
BF-62RS-10-05/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Gang Robbery (seksyen 395 Kanun Keseksaan) / Sentencing / Post Conviction (appeal Against Sentence Filed)
Outcome
Accused convicted and sentenced to 7 years imprisonment and 4 strokes of the cane; guilty plea accepted but limited mitigation applied due to seriousness and public interest.
Legal Topics
Robbery, Gang Robbery, Guilty Plea Mitigation, Public Interest Deterrence, Whipping
Source Language
Malay/English
Criminal Law Sentencing Robbery Gang Robbery Guilty Plea Mitigation Public Interest Deterrence Whipping

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Parties

Pendakwa Raya

Prosecution

Mohd Hafizudin bin Mohd Shah

Accused

Procedural Posture

Criminal Gang Robbery (seksyen 395 Kanun Keseksaan) / Sentencing / Post Conviction (appeal Against Sentence Filed)

Legal Issues

  1. 1 Appropriate sentence for gang robbery under Seksyen 395 Kanun Keseksaan
  2. 2 Extent and weight of mitigation for an early guilty plea
  3. 3 Balancing public interest and individual mitigation in sentencing

Ratio Decidendi

The court accepted the accused's early guilty plea as mitigation but gave limited discount due to the gravity of gang robbery and public interest in deterrence, and imposed sentence of 7 years' imprisonment and 4 strokes of the cane under Seksyen 395 Kanun Keseksaan.

Court Disposition

Accused convicted and sentenced to 7 years imprisonment and 4 strokes of the cane; guilty plea accepted but limited mitigation applied due to seriousness and public interest.

Orders

  • Accused to serve 7 years imprisonment from date of conviction and to be sentenced to 4 strokes of the cane.