1. ) MUHAMMAD SUHAIRY BIN OSMAN 2. ) MUHAMMAD NORHANDIGA BIN NORCHOLES

1. ) MUHAMMAD SUHAIRY BIN OSMAN 2. ) MUHAMMAD NORHANDIGA BIN NORCHOLES

Guilty pleas attracted mitigation but were outweighed by the gravity of gang robbery and public interest in deterrence; balancing statutory maximum, seriousness, guilty plea and remand time, court imposed four years imprisonment and three strokes, sentence to run from date of arrest (15/9/2024).

Citation
WA-62RS-150-09/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused/appellant: Muhammad Suhairy bin Osman; Accused: Muhammad Norhandiga bin Norcholes
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 May 2025
Case Number
WA-62RS-150-09/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Gang Robbery (section 395 Penal Code) / Appeal Against Sentence / Sentencing Reasons Delivered
Outcome
Accused convicted and sentenced at trial
Legal Topics
Robbery Under Section 395, Guilty Plea Mitigation, Public Interest Vs Individual Mitigation, Charge Amendment, Sentence Commencement
Source Language
Malay/English
Criminal Law Sentencing Criminal Procedure Robbery Under Section 395 Guilty Plea Mitigation Public Interest Vs Individual Mitigation Charge Amendment Sentence Commencement

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Muhammad Suhairy bin Osman

Accused/appellant

Muhammad Norhandiga bin Norcholes

Accused

Procedural Posture

Criminal Gang Robbery (section 395 Penal Code) / Appeal Against Sentence / Sentencing Reasons Delivered

Legal Issues

  1. 1 Appropriate quantum of sentence for gang robbery under s.395
  2. 2 Extent of discount for early guilty plea
  3. 3 Balancing public interest and offender's personal circumstances

Ratio Decidendi

Guilty pleas attracted mitigation but were outweighed by the gravity of gang robbery and public interest in deterrence; balancing statutory maximum, seriousness, guilty plea and remand time, court imposed four years imprisonment and three strokes, sentence to run from date of arrest (15/9/2024).

Court Disposition

Accused convicted and sentenced at trial

Orders

  • Each accused convicted under Section 395 Kanun Keseksaan and sentenced to four (4) years imprisonment and three (3) strokes of the rotan
  • Sentence ordered to run from date of arrest/remand: 15/09/2024