BALAMURUGAN A/L NADARASA

BALAMURUGAN A/L NADARASA

Court balanced mitigating factors (guilty plea, remorse, first offender status, family and low income) against public interest and seriousness of offence (intentional assault on an elderly victim causing facial bruising) and concluded that a custodial sentence of one month imprisonment from date of arrest is proportionate and necessary as deterrence; guilty plea entitled accused to some discount but not to avoid imprisonment in this case.

Citation
BA-83-2783-11/2023 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Balamurugan A/L Nadarasa
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 November 2023
Case Number
BA-83-2783-11/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Assault (section 323, Kanun Keseksaan) / Appeal Against Conviction and Sentence Following Guilty Plea
Outcome
Accused convicted under Section 323 Kanun Keseksaan and sentenced to one (1) month imprisonment from date of arrest.
Legal Topics
Section 323 Kanun Keseksaan, Guilty Plea Mitigation, Public Interest and Deterrence
Source Language
Malay/English
Criminal Law Sentencing Procedure Section 323 Kanun Keseksaan Guilty Plea Mitigation Public Interest and Deterrence

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Parties

Pendakwa Raya

Prosecutor

Balamurugan A/L Nadarasa

Accused

Procedural Posture

Criminal Assault (section 323, Kanun Keseksaan) / Appeal Against Conviction and Sentence Following Guilty Plea

Legal Issues

  1. 1 Whether the sentence of 1 month imprisonment from date of arrest is appropriate and proportionate for assault causing soft tissue injury under s.323 Kanun Keseksaan
  2. 2 Extent of discount for guilty plea and mitigation (first offender, family and low income)
  3. 3 Balancing public interest/deterrence against accused's personal circumstances

Ratio Decidendi

Court balanced mitigating factors (guilty plea, remorse, first offender status, family and low income) against public interest and seriousness of offence (intentional assault on an elderly victim causing facial bruising) and concluded that a custodial sentence of one month imprisonment from date of arrest is proportionate and necessary as deterrence; guilty plea entitled accused to some discount but not to avoid imprisonment in this case.

Court Disposition

Accused convicted under Section 323 Kanun Keseksaan and sentenced to one (1) month imprisonment from date of arrest.

Orders

  • Convicted under Section 323 Kanun Keseksaan
  • Sentence: 1 month imprisonment to run from date of arrest