KARTIK A/L RAJANDRAN

KARTIK A/L RAJANDRAN

The court upheld conviction and sentence because the accused validly pleaded guilty after being informed in a language he understood, the factual basis (CCTV and fingerprint evidence) supported the conviction, the registry certificate constituted admissible proof of prior conviction under the Criminal Registration Act s10, and the sentence of one year imprisonment and one stroke was proportionate for a repeat offender and lawfully ordered to run separately under s292 CPC.

Citation
JB-83-407-10/2021 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused: KARTIK A/L RAJANDRAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
7 October 2021
Case Number
JB-83-407-10/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Appeal Against Conviction and Sentence (out of Time Leave Granted)
Outcome
Conviction and sentence upheld
Legal Topics
Theft (section 380 Penal Code), Previous Convictions, Sentencing, Admissibility of Registry Certificate, Consecutive Sentences
Source Language
Malay/English
Criminal Law Evidence Procedure Theft (section 380 Penal Code) Previous Convictions Sentencing Admissibility of Registry Certificate Consecutive Sentences

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

KARTIK A/L RAJANDRAN

Accused

Procedural Posture

Criminal / Appeal Against Conviction and Sentence (out of Time Leave Granted)

Legal Issues

  1. 1 Whether the guilty plea was valid and understood by the accused
  2. 2 Whether the evidence (CCTV and fingerprint identification) supported conviction
  3. 3 Whether the criminal registry certificate is admissible proof of prior conviction under the Criminal Registration Act 1969

Ratio Decidendi

The court upheld conviction and sentence because the accused validly pleaded guilty after being informed in a language he understood, the factual basis (CCTV and fingerprint evidence) supported the conviction, the registry certificate constituted admissible proof of prior conviction under the Criminal Registration Act s10, and the sentence of one year imprisonment and one stroke was proportionate for a repeat offender and lawfully ordered to run separately under s292 CPC.

Court Disposition

Conviction and sentence upheld

Orders

  • Conviction recorded for offence under Section 380 Penal Code
  • Sentence: one year imprisonment and one stroke of the rotan