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
Summary, issues, holding and outcome
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Parties
Public Prosecutor
Prosecution
Norazizul bin M Yousof
Accused
Procedural Posture
Criminal / Sentencing/appeal Grounds
Legal Issues
- 1 Validity and voluntariness of guilty pleas
- 2 Effect of an incorrect date in a charge and curability under CPC
- 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.
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