PENDAKWARAYA NUR SULEHAN MOHD FARID BIN MD AMIN (No KP: 860719-23-6699)

PENDAKWARAYA NUR SULEHAN MOHD FARID BIN MD AMIN (No KP: 860719-23-6699)

The court found the accused's plea valid and unreserved, accepted the facts including permanent disfigurement caused by acid, balanced mitigating factors (late plea, family hardship, remorse) against aggravating factors (seriousness, permanent injury, public interest), and concluded a deterrent custodial sentence of twelve years' imprisonment from 2/9/2020 plus five strokes of the cane was proportionate and lawful under Section 326 Penal Code.

Citation
JA-62-143-11/2019 (Mahkamah Sesyen)
Parties
Accused / Orang Kena Tuduh: Mohd Farid bin Md Amin; Prosecution: Timbalan Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 September 2021
Case Number
JA-62-143-11/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing (reasons for Judgment); Appeals Filed
Outcome
Accused convicted under Section 326 Penal Code; sentenced to 12 years' imprisonment and five strokes of the cane effective from 2/9/2020; appeals noted.
Legal Topics
Section 326 Penal Code, Plea of Guilty, Aggravating and Mitigating Factors, Deterrence, Public Interest
Source Language
Malay/English
Criminal Law Sentencing Assault/grievous Hurt Acid Attack Evidence Section 326 Penal Code Plea of Guilty Aggravating and Mitigating Factors +2 more

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Parties

Mohd Farid bin Md Amin

Accused / Orang Kena Tuduh

Timbalan Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Sentencing (reasons for Judgment); Appeals Filed

Legal Issues

  1. 1 Whether the accused's plea of guilty was valid and unreserved
  2. 2 Appropriate sentence for offence under Section 326 Penal Code involving acid causing grievous hurt
  3. 3 Proper weight to give to mitigating factors (plea, family hardship) versus aggravating factors (permanent disfigurement, public interest, deterrence)

Ratio Decidendi

The court found the accused's plea valid and unreserved, accepted the facts including permanent disfigurement caused by acid, balanced mitigating factors (late plea, family hardship, remorse) against aggravating factors (seriousness, permanent injury, public interest), and concluded a deterrent custodial sentence of twelve years' imprisonment from 2/9/2020 plus five strokes of the cane was proportionate and lawful under Section 326 Penal Code.

Court Disposition

Accused convicted under Section 326 Penal Code; sentenced to 12 years' imprisonment and five strokes of the cane effective from 2/9/2020; appeals noted.

Orders

  • Convicted under Section 326 Penal Code for voluntarily causing grievous hurt by means of corrosive substance
  • Sentenced to 12 years' imprisonment with effect from 2/9/2020