MUHAMMAD AIZAD FIRHAN BIN MAT AYOB

MUHAMMAD AIZAD FIRHAN BIN MAT AYOB

The court held the three offences occurred in the same transaction (same date, time, place, continuity of action and purpose); applying the one transaction rule and the totality principle together with mitigating factors (early guilty plea, first offender, youth, family circumstances), the appropriate aggregate punishment is an 8‑month imprisonment; the other sentences (4 months and 6 months) are to run concurrently from the date of conviction under s.282 CrPC.

Citation
BE-83RS-6-01/2023 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Muhammad Aizad Firhan bin Mat Ayob
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 January 2023
Case Number
BE-83RS-6-01/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Theft/possession of Stolen Property / Sentencing/judgment
Outcome
Accused convicted on all three charges; sentences imposed and maintained as concurrent and to run from date of conviction
Legal Topics
Section 411 Penal Code, Concurrent Sentences, One Transaction Rule, Totality Principle, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Sentencing Theft and Possession of Stolen Property Criminal Procedure Section 411 Penal Code Concurrent Sentences One Transaction Rule Totality Principle +1 more

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Parties

Public Prosecutor

Prosecution

Muhammad Aizad Firhan bin Mat Ayob

Accused

Procedural Posture

Criminal Theft/possession of Stolen Property / Sentencing/judgment

Legal Issues

  1. 1 Whether the sentences for the three offences should run concurrently or consecutively
  2. 2 Whether the three offences constitute one transaction
  3. 3 Application of the totality principle in fixing an aggregate appropriate sentence

Ratio Decidendi

The court held the three offences occurred in the same transaction (same date, time, place, continuity of action and purpose); applying the one transaction rule and the totality principle together with mitigating factors (early guilty plea, first offender, youth, family circumstances), the appropriate aggregate punishment is an 8‑month imprisonment; the other sentences (4 months and 6 months) are to run concurrently from the date of conviction under s.282 CrPC.

Court Disposition

Accused convicted on all three charges; sentences imposed and maintained as concurrent and to run from date of conviction

Orders

  • BE-83-53-01/2023: Convicted and sentenced to 8 months imprisonment commencing from date of conviction (31/1/2023)
  • BE-83RS-5-01/2023: Convicted and sentenced to 4 months imprisonment commencing from date of conviction (31/1/2023) to run concurrently with BE-83-53-01/2023