MUHAMMAD FAIZAL BIN MOHAMMAD MAZLAN

MUHAMMAD FAIZAL BIN MOHAMMAD MAZLAN

The court held that despite the seriousness of sexual offences involving a 16-year-old, the accused's youth, first-offence status, genuine remorse, positive JKM social report and evidence suggesting consensual conduct justified a non-custodial disposal; accordingly the bound-over order under Section 294 KTJ for two years with RM3,000 surety per count (total RM9,000) was appropriate and affirmed.

Citation
BC-62JSK-124-08/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya (Timbalan Pendakwa Raya: Pn. Nurfadzlin binti Mahmad Zulhasnan); Accused: Muhammad Faizal bin Mohammad Mazlan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 March 2025
Case Number
BC-62JSK-124-08/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against a Child / Sentencing After Conviction; Prosecution Appealed Against Sentence (appeal Heard and Decided)
Outcome
Prosecution's appeal against sentence dismissed; original non-custodial sentence affirmed.
Legal Topics
Sexual Offences Against Children, Good Conduct Bond (section 294 Criminal Procedure Code), Social Report Consideration, Mitigating and Aggravating Factors
Source Language
Malay/English
Criminal Law Child Protection Sentencing Juvenile Justice Sexual Offences Against Children Good Conduct Bond (section 294 Criminal Procedure Code) Social Report Consideration Mitigating and Aggravating Factors

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Parties

Pendakwa Raya (Timbalan Pendakwa Raya: Pn. Nurfadzlin binti Mahmad Zulhasnan)

Prosecutor

Muhammad Faizal bin Mohammad Mazlan

Accused

Procedural Posture

Criminal Sexual Offences Against a Child / Sentencing After Conviction; Prosecution Appealed Against Sentence (appeal Heard and Decided)

Legal Issues

  1. 1 Whether a non-custodial bond under Section 294 Criminal Procedure Code is appropriate for offences under Section 14(a) of the Sexual Offences Against Children Act 2017
  2. 2 Weight to be given to JKM social report and rehabilitation prospects of a young offender
  3. 3 Whether consensual conduct between the accused and a 16-year-old negates or mitigates criminal liability

Ratio Decidendi

The court held that despite the seriousness of sexual offences involving a 16-year-old, the accused's youth, first-offence status, genuine remorse, positive JKM social report and evidence suggesting consensual conduct justified a non-custodial disposal; accordingly the bound-over order under Section 294 KTJ for two years with RM3,000 surety per count (total RM9,000) was appropriate and affirmed.

Court Disposition

Prosecution's appeal against sentence dismissed; original non-custodial sentence affirmed.

Orders

  • Accused bound over to be of good behaviour under Section 294 Criminal Procedure Code for 2 years with one Malaysian surety and RM3,000 deposit per charge (total RM9,000)