SHAWN COLIN DOSS A/L ARPUTHAN DOSS

SHAWN COLIN DOSS A/L ARPUTHAN DOSS

Court found the offence serious (daytime robbery in a public pharmacy with a parang) warranting significant punishment; guilty plea and remorse were mitigating but insufficient to outweigh public interest. One transaction rule did not apply as offences occurred on different dates/occasions; applying Sections 282 and 292 CPC and totality principle the court ordered imprisonment of 3 years and 1 stroke of whipping, to commence upon conclusion of the accused's sentence in case no. BA-62RS-30-05/2025.

Citation
BA-62RS-28-07/2025 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Shawn Colin Doss a/l Arputhan Doss
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
9 July 2025
Case Number
BA-62RS-28-07/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery (section 392 Penal Code Read With Section 397) / Appeal Against Sentence (grounds)
Outcome
Accused convicted on guilty plea and sentenced
Legal Topics
Robbery, Concurrent Vs Consecutive Sentences, Commencement of Sentence, One Transaction Rule, Totality Principle, Guilty Plea Mitigation, Public Interest in Sentencing, Whipping
Source Language
Malay/English
Criminal Law Sentencing Procedure Robbery Concurrent Vs Consecutive Sentences Commencement of Sentence One Transaction Rule Totality Principle +3 more

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Parties

Public Prosecutor

Prosecutor

Shawn Colin Doss a/l Arputhan Doss

Accused

Procedural Posture

Criminal Robbery (section 392 Penal Code Read With Section 397) / Appeal Against Sentence (grounds)

Legal Issues

  1. 1 Whether the sentence imposed was appropriate given the seriousness of the offence and mitigating factors
  2. 2 Whether the sentence should run concurrently with current sentences or commence after existing sentences (consecutive)
  3. 3 Application of the one transaction rule and totality principle to multiple offences

Ratio Decidendi

Court found the offence serious (daytime robbery in a public pharmacy with a parang) warranting significant punishment; guilty plea and remorse were mitigating but insufficient to outweigh public interest. One transaction rule did not apply as offences occurred on different dates/occasions; applying Sections 282 and 292 CPC and totality principle the court ordered imprisonment of 3 years and 1 stroke of whipping, to commence upon conclusion of the accused's sentence in case no. BA-62RS-30-05/2025.

Court Disposition

Accused convicted on guilty plea and sentenced

Orders

  • Accused sentenced to 3 years imprisonment and 1 stroke of whipping
  • Sentence to commence upon conclusion of sentence for case no. BA-62RS-30-05/2025