MOHAMMAD ABUL KALAM

MOHAMMAD ABUL KALAM

Accused's guilty plea and admission of facts and exhibits were valid and accepted but did not outweigh the seriousness of the offence and public interest in deterrence; accordingly accused convicted under Section 380 Kanun Keseksaan and sentenced to imprisonment and fine: 6 months imprisonment from date of arrest (15.8.2025) and fine RM2000 (default 2 months imprisonment).

Citation
DA-83RS-116-08/2025 (Mahkamah Majistret)
Parties
Prosecutor: Penda­kwa­rya; Accused: Mohammad Abul Kalam
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 August 2025
Case Number
DA-83RS-116-08/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Theft (section 380 Kanun Keseksaan) / Conviction and Sentencing
Outcome
Convicted
Legal Topics
Theft, Guilty Plea, Public Interest, Deterrence
Source Language
Malay/English
Criminal Law Sentencing Theft Guilty Plea Public Interest Deterrence

Case Brief

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Parties

Penda­kwa­rya

Prosecutor

Mohammad Abul Kalam

Accused

Procedural Posture

Criminal Theft (section 380 Kanun Keseksaan) / Conviction and Sentencing

Legal Issues

  1. 1 Validity of guilty plea and whether it should mitigate sentence
  2. 2 Proper sentence for theft under Section 380 Kanun Keseksaan
  3. 3 Weight of mitigating factors (age, dependents, income) versus public interest and deterrence

Ratio Decidendi

Accused's guilty plea and admission of facts and exhibits were valid and accepted but did not outweigh the seriousness of the offence and public interest in deterrence; accordingly accused convicted under Section 380 Kanun Keseksaan and sentenced to imprisonment and fine: 6 months imprisonment from date of arrest (15.8.2025) and fine RM2000 (default 2 months imprisonment).

Court Disposition

Convicted

Orders

  • Sentence: 6 months imprisonment from date of arrest 15.8.2025
  • Fine RM2000; in default of payment, additional imprisonment of 2 months