MUHAMMAD SHAH BIN MOHD YUSOFF

MUHAMMAD SHAH BIN MOHD YUSOFF

The court accepted the guilty plea and, having weighed public interest, deterrence and mitigating factors (including first offender status and guilty plea), found the sentence of 4 years' imprisonment from 3.4.2025 and one stroke of the rotan, together with counselling under s26 and two years' police supervision under s27(1), to be proportionate, lawful and not manifestly excessive or inadequate.

Citation
BC-62JSK-36-04/2025 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhammad Shah bin Mohd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
8 April 2025
Case Number
BC-62JSK-36-04/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against a Child / Appeal Against Sentence
Outcome
Appeal dismissed; sentence affirmed
Legal Topics
Sexual Assault of a Minor, Sentencing, Guilty Plea Mitigation, Post‑custodial Supervision, Mandatory Counselling
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Sexual Assault of a Minor Sentencing Guilty Plea Mitigation Post‑custodial Supervision Mandatory Counselling

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Muhammad Shah bin Mohd

Accused

Procedural Posture

Criminal Sexual Offences Against a Child / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed under Section 14(a) of the Akta Kesalahan‑kesalahan Seksual Terhadap Kanak‑kanak 2017 is appropriate
  2. 2 Whether the guilty plea and personal mitigation justify a reduced sentence
  3. 3 Whether orders for counselling and police supervision are appropriate under Sections 26 and 27(1)

Ratio Decidendi

The court accepted the guilty plea and, having weighed public interest, deterrence and mitigating factors (including first offender status and guilty plea), found the sentence of 4 years' imprisonment from 3.4.2025 and one stroke of the rotan, together with counselling under s26 and two years' police supervision under s27(1), to be proportionate, lawful and not manifestly excessive or inadequate.

Court Disposition

Appeal dismissed; sentence affirmed

Orders

  • Sentence of 4 years imprisonment to run from date of arrest 3.4.2025
  • One stroke of the rotan