ABUL SATHALI HABIB MOHAMED

ABUL SATHALI HABIB MOHAMED

Given the admitted facts, including use of a 26 cm knife to threaten the victim and theft of the victim's car, the guilty plea reduced but did not outweigh the aggravating factor of a dangerous weapon and the need for deterrence; a sentence of five years' imprisonment from date of arrest and two strokes of the rotan is appropriate and lawful.

Citation
JA-62RS-50-06/2025 (Mahkamah Sesyen)
Parties
Accused: Abul Sathali Habib Mohamed (R6302097); Prosecutor: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 October 2025
Case Number
JA-62RS-50-06/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery (seksyen 392 Dibaca Bersama Seksyen 397 Kanun Keseksaan) / Conviction Recorded and Sentence Imposed; Appeal Filed
Outcome
Accused convicted under Seksyen 392 read with Seksyen 397 Kanun Keseksaan; sentenced to imprisonment and corporal punishment; appeal lodged
Legal Topics
Robbery, Use of Weapon (knife), Mitigation (guilty Plea), Deterrence / Public Interest, Appeal Against Sentence
Source Language
Malay/English
Criminal Law Sentencing Law Robbery Use of Weapon (knife) Mitigation (guilty Plea) Deterrence / Public Interest Appeal Against Sentence

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Parties

Abul Sathali Habib Mohamed (R6302097)

Accused

Pendakwa Raya

Prosecutor

Procedural Posture

Criminal Robbery (seksyen 392 Dibaca Bersama Seksyen 397 Kanun Keseksaan) / Conviction Recorded and Sentence Imposed; Appeal Filed

Legal Issues

  1. 1 Whether the sentence imposed for robbery involving a dangerous weapon is appropriate
  2. 2 Extent to which an early guilty plea and personal mitigation reduce sentence
  3. 3 Weight of public interest and deterrence in sentencing for armed robbery

Ratio Decidendi

Given the admitted facts, including use of a 26 cm knife to threaten the victim and theft of the victim's car, the guilty plea reduced but did not outweigh the aggravating factor of a dangerous weapon and the need for deterrence; a sentence of five years' imprisonment from date of arrest and two strokes of the rotan is appropriate and lawful.

Court Disposition

Accused convicted under Seksyen 392 read with Seksyen 397 Kanun Keseksaan; sentenced to imprisonment and corporal punishment; appeal lodged

Orders

  • Conviction recorded under Section 392 read with Section 397 Kanun Keseksaan
  • Sentence: Five (5) years' imprisonment from date of arrest