MOHD SALLEH BIN AHMAD

MOHD SALLEH BIN AHMAD

The court held the conviction and sentence were lawful and within the statutory parameters of Section 377C; the guilty plea was properly recorded in accordance with Section 173, the admitted exhibits supported the conviction, and the sentencing judge correctly applied established sentencing principles including consideration of mitigation and public interest; the sentence of five years' imprisonment from date of arrest and one stroke of whipping was not manifestly excessive and therefore is upheld.

Citation
JH-62JSK-54-12/2024 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused / Appellant: Mohd Salleh bin Ahmad
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
31 December 2024
Case Number
JH-62JSK-54-12/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offence (section 377 C Kanun Keseksaan) / Appeal Against Conviction and Sentence (appeal From Sessions Court Decision)
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Section 377 C Kanun Keseksaan, Unnatural Intercourse With a Child, Plea of Guilty in Summary Proceedings, Mitigation and Aggravation in Sentencing, Appellate Interference in Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Procedure and Evidence Sentencing Law Section 377 C Kanun Keseksaan Unnatural Intercourse With a Child Plea of Guilty in Summary Proceedings Mitigation and Aggravation in Sentencing +1 more

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Parties

PENDAKWA RAYA

Prosecution

Mohd Salleh bin Ahmad

Accused / Appellant

Procedural Posture

Criminal Sexual Offence (section 377 C Kanun Keseksaan) / Appeal Against Conviction and Sentence (appeal From Sessions Court Decision)

Legal Issues

  1. 1 Whether the plea of guilty was properly recorded and understood by the accused
  2. 2 Whether conviction under Section 377C was lawful given facts and admission of exhibits
  3. 3 Whether the sentence imposed was lawful, appropriate or manifestly excessive

Ratio Decidendi

The court held the conviction and sentence were lawful and within the statutory parameters of Section 377C; the guilty plea was properly recorded in accordance with Section 173, the admitted exhibits supported the conviction, and the sentencing judge correctly applied established sentencing principles including consideration of mitigation and public interest; the sentence of five years' imprisonment from date of arrest and one stroke of whipping was not manifestly excessive and therefore is upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Appeal dismissed
  • Conviction under Section 377C Kanun Keseksaan upheld