PENDAKWARAYA NAAIM BIN MOHD ALI

PENDAKWARAYA NAAIM BIN MOHD ALI

Accused convicted on three counts under the Sexual Offences Against Children Act 2017; guilty plea did not attract significant reduction given gravity and public interest; sentences imposed as follows: Count 1 five years' imprisonment (from 21.6.2020) with three years police supervision, Count 2 fifteen years' imprisonment (from 21.6.2020) plus five strokes and three years police supervision, Counts 1 and 2 to run concurrently, Count 3 three years' imprisonment plus three years police supervision to run consecutively after Counts 1 and 2 because the third offence occurred at a different time and the one transaction rule did not apply.

Citation
AA-62JSK-14-06/2020 (Mahkamah Sesyen)
Parties
Accused: Naaim bin Mohd Ali; Prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
8 July 2020
Case Number
AA-62JSK-14-06/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences / Conviction and Sentencing; Appeal Lodged
Outcome
Accused convicted and sentenced on all counts; accused has appealed.
Legal Topics
Sexual Offences Against Children Act 2017, Child Grooming, Child Pornography, Sentencing, Concurrent and Consecutive Sentences, Guilty Plea Mitigation
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Sexual Offences Against Children Act 2017 Child Grooming Child Pornography Sentencing Concurrent and Consecutive Sentences +1 more

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Parties

Naaim bin Mohd Ali

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal Sexual Offences / Conviction and Sentencing; Appeal Lodged

Legal Issues

  1. 1 Whether guilty plea warrants mitigation given seriousness of offences against a child
  2. 2 Application and purpose of the Sexual Offences Against Children Act 2017
  3. 3 Whether sentences should run concurrently or consecutively (one transaction rule and totality principle)

Ratio Decidendi

Accused convicted on three counts under the Sexual Offences Against Children Act 2017; guilty plea did not attract significant reduction given gravity and public interest; sentences imposed as follows: Count 1 five years' imprisonment (from 21.6.2020) with three years police supervision, Count 2 fifteen years' imprisonment (from 21.6.2020) plus five strokes and three years police supervision, Counts 1 and 2 to run concurrently, Count 3 three years' imprisonment plus three years police supervision to run consecutively after Counts 1 and 2 because the third offence occurred at a different time and the one transaction rule did not apply.

Court Disposition

Accused convicted and sentenced on all counts; accused has appealed.

Orders

  • Count 1: Five years imprisonment from date of arrest 21.6.2020 and police supervision for 3 years.
  • Count 2: Fifteen years imprisonment from date of arrest 21.6.2020, five strokes of rotan and police supervision for 3 years. Sentence for Count 2 to run concurrently with Count 1.