NORAZIZUL BIN M YOUSOF

NORAZIZUL BIN M YOUSOF

The court accepted the accused's guilty pleas as voluntary and unequivocal, held the date error in the second charge was a curable defect under CPC s156/s422 causing no prejudice, found each cheating offence was a separate transaction against different victims warranting consecutive sentences, and imposed the mandatory minimum of one year imprisonment for each of the three convictions to run consecutively plus one stroke of whipping per charge to be executed consecutively given the seriousness, pattern of offending and public interest in deterrence and protection of the public.

Citation
MC-83-374-06/2025 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Norazizul bin M Yousof
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
4 June 2025
Case Number
MC-83-374-06/2025 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing/appeal Grounds
Outcome
Convicted on three counts under section 420 Penal Code; sentenced to one year imprisonment for each count to run consecutively and one stroke of whipping for each count to run consecutively.
Legal Topics
Section 420 Penal Code, Guilty Plea Guidelines, Concurrent Vs Consecutive Sentencing, Whipping Sentence
Source Language
Malay/English

Case Brief

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Parties

Public Prosecutor

Prosecution

Norazizul bin M Yousof

Accused

Procedural Posture

Criminal / Sentencing/appeal Grounds

  1. 1 Validity and voluntariness of guilty pleas
  2. 2 Effect of an incorrect date in a charge and curability under CPC
  3. 3 Whether offences arose from a single transaction or separate transactions

Ratio Decidendi

The court accepted the accused's guilty pleas as voluntary and unequivocal, held the date error in the second charge was a curable defect under CPC s156/s422 causing no prejudice, found each cheating offence was a separate transaction against different victims warranting consecutive sentences, and imposed the mandatory minimum of one year imprisonment for each of the three convictions to run consecutively plus one stroke of whipping per charge to be executed consecutively given the seriousness, pattern of offending and public interest in deterrence and protection of the public.

Court Disposition

Convicted on three counts under section 420 Penal Code; sentenced to one year imprisonment for each count to run consecutively and one stroke of whipping for each count to run consecutively.

Orders

  • First charge (MC-83-374-06/2025): One year imprisonment from date of conviction and one stroke of whipping.
  • Second charge (MC-83-375-06/2025): One year imprisonment to commence after completion of sentence in MC-83-374-06/2025 and one stroke of whipping.