WAN MOHAMAD AZRI BIN WAN CHEK

WAN MOHAMAD AZRI BIN WAN CHEK

The court convicted the accused and imposed fines of RM2,000 (in default two months imprisonment) for the s.427 offence and RM1,000 (in default one month imprisonment) for the s.324 read with s.511 offence after finding that the mitigating factors (guilty plea, first offender, remorse, limited means and dependence) outweighed the prosecution’s public interest submission and that an attempted hurt merits lesser punishment than a completed hurt.

Citation
AB-83-453-08/2023 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused/defendant: Wan Mohamad Azri bin Wan Chek
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
1 August 2023
Case Number
AB-83-453-08/2023 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentenced; Appeal to High Court by Prosecution
Outcome
Accused convicted on both charges; sentenced to fines with default imprisonment; prosecution appealed to the High Court of Taiping.
Legal Topics
Vandalism (s.427 Penal Code), Attempt to Cause Hurt (s.324 Read With S.511 Penal Code), Public Interest in Sentencing, Mitigation and Aggravation, Fines and Default Imprisonment
Source Language
Malay/English
Criminal Law Sentencing Vandalism (s.427 Penal Code) Attempt to Cause Hurt (s.324 Read With S.511 Penal Code) Public Interest in Sentencing Mitigation and Aggravation Fines and Default Imprisonment

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Parties

Public Prosecutor

Prosecution

Wan Mohamad Azri bin Wan Chek

Accused/defendant

Procedural Posture

Criminal / Sentenced; Appeal to High Court by Prosecution

Legal Issues

  1. 1 Appropriate sentence for offences under s.427 and s.324 read with s.511 Penal Code
  2. 2 Appropriate weight of mitigating factors including guilty plea, first offender status, remorse and financial hardship
  3. 3 Role of public interest and deterrence in sentencing

Ratio Decidendi

The court convicted the accused and imposed fines of RM2,000 (in default two months imprisonment) for the s.427 offence and RM1,000 (in default one month imprisonment) for the s.324 read with s.511 offence after finding that the mitigating factors (guilty plea, first offender, remorse, limited means and dependence) outweighed the prosecution’s public interest submission and that an attempted hurt merits lesser punishment than a completed hurt.

Court Disposition

Accused convicted on both charges; sentenced to fines with default imprisonment; prosecution appealed to the High Court of Taiping.

Orders

  • Convicted on both charges.
  • For offence under section 427 Penal Code: fine RM2,000.00, in default two months' imprisonment.