VENUUGA A/P MANICKAM

VENUUGA A/P MANICKAM

The magistrate's imposition of two months' imprisonment is lawful and justified. The sentence falls within the statutory maximum for Section 380 and was imposed after judicial consideration of guilty plea credit, first offender status, the accused's mitigating circumstances (single mother, remorse), and public interest/ deterrence; a fine was withheld because there was no proven financial gain and a fine would be excessive given the custodial element and risk of default imprisonment.

Citation
JA-83RS-143-03/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused/appellant: Venuuga a/p Manickam
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
14 March 2024
Case Number
JA-83RS-143-03/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Appeal / Appeal Against Sentence Following Conviction Under Section 380 Penal Code
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Theft, Sentencing, Plea of Guilty, Mitigation, Public Interest, Statutory Interpretation
Source Language
Malay/English
Criminal Law Theft Sentencing Plea of Guilty Mitigation Public Interest Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 8 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Venuuga a/p Manickam

Accused/appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence Following Conviction Under Section 380 Penal Code

Legal Issues

  1. 1 Whether the two‑month custodial sentence is a sentence according to law
  2. 2 Whether a fine should be imposed in addition to imprisonment
  3. 3 Extent of discount for plea of guilty

Ratio Decidendi

The magistrate's imposition of two months' imprisonment is lawful and justified. The sentence falls within the statutory maximum for Section 380 and was imposed after judicial consideration of guilty plea credit, first offender status, the accused's mitigating circumstances (single mother, remorse), and public interest/ deterrence; a fine was withheld because there was no proven financial gain and a fine would be excessive given the custodial element and risk of default imprisonment.

Court Disposition

Appeal dismissed; sentence upheld

Orders

  • Sentence of two months' imprisonment from date of conviction upheld
  • No fine imposed