MOHD BAIZULNIZAM BIN CHE BADARO

MOHD BAIZULNIZAM BIN CHE BADARO

Given the nature and value of the theft, the public interest in deterring property offences, the appellant's guilty plea and absence of prior convictions, the court finds a 12-month imprisonment term from date of arrest appropriate; the sentence is therefore affirmed as reasonable and adequate.

Citation
TA-83RS-24-04/2023 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Mohd Baizulnizam bin Che Badaro
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
13 April 2023
Case Number
TA-83RS-24-04/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentence Appeal
Outcome
Sentence of 12 months imprisonment upheld
Legal Topics
Section 380 Penal Code, Mitigation, Public Interest Vs Individual Interest, Totality Principle, Prior Convictions
Source Language
Malay/English
Criminal Law Theft Sentencing Section 380 Penal Code Mitigation Public Interest Vs Individual Interest Totality Principle Prior Convictions

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Parties

Public Prosecutor

Prosecution

Mohd Baizulnizam bin Che Badaro

Accused

Procedural Posture

Criminal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for theft under Section 380 Kanun Keseksaan is appropriate
  2. 2 Whether guilty plea and first-time offender status warrant further mitigation
  3. 3 Whether public interest requires a stiffer sentence given rise in property crimes

Ratio Decidendi

Given the nature and value of the theft, the public interest in deterring property offences, the appellant's guilty plea and absence of prior convictions, the court finds a 12-month imprisonment term from date of arrest appropriate; the sentence is therefore affirmed as reasonable and adequate.

Court Disposition

Sentence of 12 months imprisonment upheld

Orders

  • Affirmed sentence of 12 months imprisonment to run from date of arrest (9 April 2023).
  • Record and appeal left to the discretion of the High Court for any further decision.