1. ) TENGKU IZWAN SHAH BIN TENGKU AZMAN 2. ) AHMAD NAYAN BIN MD SHAH

1. ) TENGKU IZWAN SHAH BIN TENGKU AZMAN 2. ) AHMAD NAYAN BIN MD SHAH

The offences were three distinct armed robberies committed on different dates and at different places; consequently the appropriate exercise of sentencing discretion is to impose a 6‑year imprisonment term with 2 whippings for the present count and order it to run consecutively with the sentences in AA-62RS-35-08/2023 and AA-62RS-37-08/2023, within the statutory maximum under ss.395 and 397 Penal Code.

Citation
AA-62RS-36-08/2023 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Tengku Izwan Shah bin Tengku Azman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 July 2024
Case Number
AA-62RS-36-08/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal Against Sentence / Appeal Against Sentence (sentencing Determination)
Outcome
Accused convicted and sentenced
Legal Topics
Robbery (s.395), Use of Deadly Weapon / Aggravated Robbery (s.397), Consecutive Sentences, Guilty Plea Mitigation, One Transaction and Totality Principles
Source Language
Malay/English
Criminal Law Penal Code Sentencing Law Robbery (s.395) Use of Deadly Weapon / Aggravated Robbery (s.397) Consecutive Sentences Guilty Plea Mitigation One Transaction and Totality Principles

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Parties

Public Prosecutor

Prosecutor

Tengku Izwan Shah bin Tengku Azman

Accused

Procedural Posture

Criminal Appeal Against Sentence / Appeal Against Sentence (sentencing Determination)

Legal Issues

  1. 1 Whether the sentence should run consecutively with sentences in other case numbers
  2. 2 Appropriate quantum of sentence within s.395 and s.397 Penal Code
  3. 3 Extent of mitigation for guilty plea and personal circumstances

Ratio Decidendi

The offences were three distinct armed robberies committed on different dates and at different places; consequently the appropriate exercise of sentencing discretion is to impose a 6‑year imprisonment term with 2 whippings for the present count and order it to run consecutively with the sentences in AA-62RS-35-08/2023 and AA-62RS-37-08/2023, within the statutory maximum under ss.395 and 397 Penal Code.

Court Disposition

Accused convicted and sentenced

Orders

  • Accused convicted of the amended charge under s.395 read with s.397 Penal Code
  • Sentence: 6 years imprisonment and 2 whippings for the present offence