SHEIKH HAZRIL NIZZAM BIN SHEIK HUSSEIN

SHEIKH HAZRIL NIZZAM BIN SHEIK HUSSEIN

Conviction affirmed; sentence reduced from 10 years to 8 years imprisonment to reflect lesser culpability and considerations of age and rehabilitation while maintaining deterrence; sentence to run from date of conviction (20.12.2024); three strokes of whipping affirmed.

Citation
WA-42S-15-12/2024 (Mahkamah Tinggi)
Parties
Appellant / Accused: Sheikh Hazril Nizzam bin Sheikh Hussein; Respondent / Prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 February 2026
Case Number
WA-42S-15-12/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sentencing) / Appeal Against Sentence — Judgment on Mitigation and Sentence Start Date
Outcome
Appeal allowed in part; conviction affirmed; sentence reduced
Legal Topics
Robbery (s.395 Read With S.34), Identification Evidence, Manifestly Excessive Sentence, Commencement of Sentence, Corporal Punishment
Source Language
Malay/English
Criminal Law Sentencing Law Procedure Robbery (s.395 Read With S.34) Identification Evidence Manifestly Excessive Sentence Commencement of Sentence Corporal Punishment

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Parties

Sheikh Hazril Nizzam bin Sheikh Hussein

Appellant / Accused

Pendakwa Raya

Respondent / Prosecution

Procedural Posture

Criminal Appeal (sentencing) / Appeal Against Sentence — Judgment on Mitigation and Sentence Start Date

Legal Issues

  1. 1 Whether the 10 year sentence was manifestly excessive
  2. 2 Appropriate sentencing having regard to appellant's age and role as pillion rider
  3. 3 Whether bond under s.294 KTJ was appropriate

Ratio Decidendi

Conviction affirmed; sentence reduced from 10 years to 8 years imprisonment to reflect lesser culpability and considerations of age and rehabilitation while maintaining deterrence; sentence to run from date of conviction (20.12.2024); three strokes of whipping affirmed.

Court Disposition

Appeal allowed in part; conviction affirmed; sentence reduced

Orders

  • Conviction affirmed
  • Original sentence of 10 years' imprisonment substituted with 8 years' imprisonment to run from date of conviction 20.12.2024