MUHAMMAD AIZAD FIRHAN BIN MAT AYOB

MUHAMMAD AIZAD FIRHAN BIN MAT AYOB

The magistrate convicted the accused under s.411 and imposed the statutory minimum sentence of six months' imprisonment from the date of conviction, accepting mitigation but holding that public interest and the statutory minimum required imprisonment; the sentence was ordered to run separately from BE-83-53-01/2023 after applying discretion under the one transaction and totality principles.

Citation
BE-83RS-3-01/2023 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Muhammad Aizad Firhan bin Mat Ayob
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 January 2023
Case Number
BE-83RS-3-01/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Theft (possession of Stolen Property) / Sentencing (reasons for Sentence)
Outcome
Accused convicted and sentenced to six months imprisonment from date of conviction (31/1/2023); sentence to run separately from BE-83-53-01/2023.
Legal Topics
Theft, Possession of Stolen Property, Mandatory Minimum Sentence, Concurrent Vs Consecutive Sentences, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Sentencing Criminal Procedure Theft Possession of Stolen Property Mandatory Minimum Sentence Concurrent Vs Consecutive Sentences Mitigation and Aggravation

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Parties

Public Prosecutor

Prosecutor

Muhammad Aizad Firhan bin Mat Ayob

Accused

Procedural Posture

Criminal Theft (possession of Stolen Property) / Sentencing (reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for possession of stolen property under s.411
  2. 2 Whether the mandatory minimum six‑month imprisonment is appropriate
  3. 3 Whether the sentence should run concurrently with BE-83-53-01/2023

Ratio Decidendi

The magistrate convicted the accused under s.411 and imposed the statutory minimum sentence of six months' imprisonment from the date of conviction, accepting mitigation but holding that public interest and the statutory minimum required imprisonment; the sentence was ordered to run separately from BE-83-53-01/2023 after applying discretion under the one transaction and totality principles.

Court Disposition

Accused convicted and sentenced to six months imprisonment from date of conviction (31/1/2023); sentence to run separately from BE-83-53-01/2023.

Orders

  • Imprisonment for 6 months from 31/1/2023
  • Sentence ordered to run separately and not concurrently with BE-83-53-01/2023