LATIFAH BINTI TOMIN

LATIFAH BINTI TOMIN

Given the low value of the recovered item (approx. RM179.90), the impulsive and unsophisticated nature of the shoplifting, the accused's status as a first offender and primary caregiver, and the need for proportionality and rehabilitation, the appropriate sentence was a nominal custodial term of one day's imprisonment and a fine of RM600, in default 21 days' imprisonment, to achieve deterrence without excessive punishment.

Citation
MA-83-1142-07/2025 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: LATIFAH BINTI TOMIN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 July 2025
Case Number
MA-83-1142-07/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Theft (section 380 Penal Code) / Sentenced in Magistrate's Court (convicted on Plea of Guilty and Sentenced); Prosecution Filed Appeal to the High Court of Malaya (melaka)
Outcome
Accused convicted on plea of guilty under Section 380 Penal Code; sentenced to 1 day imprisonment and a fine of RM600, in default 21 days imprisonment; prosecution appealed to High Court.
Legal Topics
Theft (shoplifting) Under S.380 Penal Code, Sentencing Principles and Proportionality, First Offender Mitigation, Fine and Default Imprisonment, Public Interest and Deterrence
Source Language
Malay/English
Criminal Law Sentencing Property Offences Theft (shoplifting) Under S.380 Penal Code Sentencing Principles and Proportionality First Offender Mitigation Fine and Default Imprisonment Public Interest and Deterrence

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Parties

PENDAKWA RAYA

Prosecution

LATIFAH BINTI TOMIN

Accused

Procedural Posture

Criminal Theft (section 380 Penal Code) / Sentenced in Magistrate's Court (convicted on Plea of Guilty and Sentenced); Prosecution Filed Appeal to the High Court of Malaya (melaka)

Legal Issues

  1. 1 Appropriate length of imprisonment for offence under s.380 Penal Code
  2. 2 Whether nominal custodial sentence is appropriate for a first offender who shoplifted low‑value goods
  3. 3 Appropriate quantum of fine to achieve punishment and deterrence without causing undue hardship

Ratio Decidendi

Given the low value of the recovered item (approx. RM179.90), the impulsive and unsophisticated nature of the shoplifting, the accused's status as a first offender and primary caregiver, and the need for proportionality and rehabilitation, the appropriate sentence was a nominal custodial term of one day's imprisonment and a fine of RM600, in default 21 days' imprisonment, to achieve deterrence without excessive punishment.

Court Disposition

Accused convicted on plea of guilty under Section 380 Penal Code; sentenced to 1 day imprisonment and a fine of RM600, in default 21 days imprisonment; prosecution appealed to High Court.

Orders

  • Convicted on charge under Section 380 Penal Code
  • Sentenced to 1 day imprisonment and a fine of RM600, in default of payment 21 days imprisonment