AHMAD SHARIL BIN JANORDIN

AHMAD SHARIL BIN JANORDIN

Preventive detention under POCA does not amount to punitive double jeopardy that bars later criminal prosecution or sentence; section 19D permits concurrent attribution of POCA detention with a criminal sentence and section 19G preserves the State's right to prosecute; because the appellant did not properly raise a plea of autrefois at trial and facts showed serious culpability, the High Court dismissed the appeal and affirmed the Sessions Court sentence of 12 years imprisonment from date of arrest and two strokes.

Citation
BA-42S-41-12/2021 (Mahkamah Tinggi)
Parties
Appellant: AHMAD SHARIL BIN JONARDI; Respondent: PENDAKWA RAYA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 November 2022
Case Number
BA-42S-41-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Sentence / High Court Appeal Judgment (post Conviction)
Outcome
Appeal dismissed; conviction and sentence by Sessions Court affirmed.
Legal Topics
Robbery (section 394 Penal Code), Sentencing, Preventive Detention (poca), Double Jeopardy / Autrefois, Concurrent Detention (section 19 D Poca)
Source Language
Malay/English
Criminal Law Constitutional Law Preventive Detention Law (poca) Robbery (section 394 Penal Code) Sentencing Preventive Detention (poca) Double Jeopardy / Autrefois Concurrent Detention (section 19 D Poca)

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 7 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

AHMAD SHARIL BIN JONARDI

Appellant

PENDAKWA RAYA

Respondent

Procedural Posture

Criminal Appeal Against Sentence / High Court Appeal Judgment (post Conviction)

Legal Issues

  1. 1 Whether preventive detention under POCA and subsequent criminal conviction/sentence constitute double jeopardy
  2. 2 Whether detention under POCA should reduce or affect the criminal sentence
  3. 3 Whether the sentence commencing from date of arrest while on POCA remand was lawful

Ratio Decidendi

Preventive detention under POCA does not amount to punitive double jeopardy that bars later criminal prosecution or sentence; section 19D permits concurrent attribution of POCA detention with a criminal sentence and section 19G preserves the State's right to prosecute; because the appellant did not properly raise a plea of autrefois at trial and facts showed serious culpability, the High Court dismissed the appeal and affirmed the Sessions Court sentence of 12 years imprisonment from date of arrest and two strokes.

Court Disposition

Appeal dismissed; conviction and sentence by Sessions Court affirmed.

Orders

  • Appeal dismissed.
  • Sentence of 12 years' imprisonment to run from date of arrest 15.8.2020 upheld.