IPZUMA BINTI AMBO PIHAK KETIGA 1. ) SURIATI CHE ARIFIN 2. ) MESSRS GOOI & AZURA

IPZUMA BINTI AMBO PIHAK KETIGA 1. ) SURIATI CHE ARIFIN 2. ) MESSRS GOOI & AZURA

Court balanced aggravating evidence of repeated physical abuse with mitigating factors (age, first offender, remorse, ill-health, lack of proven intent to kill and failure of other carers to secure medical follow-up) and concluded a 10-year imprisonment from date of arrest (1 January 2021) adequately reflects punishment, deterrence and rehabilitation; longer term was unnecessary given facts and mitigation.

Citation
BA-45B-24-07/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Ipzuma binti Ambo
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 January 2025
Case Number
BA-45B-24-07/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentence Imposed; Prosecution Appealed to Court of Appeal
Outcome
Accused sentenced to 10 years imprisonment from date of arrest (1 January 2021); prosecution has appealed.
Legal Topics
Section 304(a) Kanun Keseksaan, Culpable Homicide Not Amounting to Murder, Mitigation and Aggravation, Guilty Plea Discount
Source Language
Malay/English
Criminal Law Homicide Sentencing Section 304(a) Kanun Keseksaan Culpable Homicide Not Amounting to Murder Mitigation and Aggravation Guilty Plea Discount

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Parties

Pendakwa Raya

Prosecution

Ipzuma binti Ambo

Accused

Procedural Posture

Criminal / Sentence Imposed; Prosecution Appealed to Court of Appeal

Legal Issues

  1. 1 Appropriate sentence for offence under section 304(a) Kanun Keseksaan
  2. 2 Relevance of absence of intent to kill
  3. 3 Weight to be given to guilty plea and mitigation

Ratio Decidendi

Court balanced aggravating evidence of repeated physical abuse with mitigating factors (age, first offender, remorse, ill-health, lack of proven intent to kill and failure of other carers to secure medical follow-up) and concluded a 10-year imprisonment from date of arrest (1 January 2021) adequately reflects punishment, deterrence and rehabilitation; longer term was unnecessary given facts and mitigation.

Court Disposition

Accused sentenced to 10 years imprisonment from date of arrest (1 January 2021); prosecution has appealed.

Orders

  • Impose 10 years' imprisonment on Ipzuma binti Ambo commencing 1 January 2021
  • Prosecution's notice of appeal filed to Court of Appeal