TENGKU IZWAN SHAH BIN TENGKU AZMAN

TENGKU IZWAN SHAH BIN TENGKU AZMAN

The court held that sentencing must balance offender, victim and community interests, giving primacy to public interest, and that judicial independence requires courts not to be swayed by public opinion when determining appropriate sentences.

Source-derived case information.

Citation
AA-42H-13-06/2024 (Mahkamah Tinggi)
Parties
Appellant: Appellant; Respondent: Respondent
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2025
Case Number
AA-42H-13-06/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sentence) / Judgment on Sentence Appeal
Outcome
Judgment delivered on 4 December 2025 applying sentencing principles as set out in the reasons.
Legal Topics
Principles of Sentencing, Public Interest Vs Offender Interest, Judicial Independence From Public Opinion
Criminal Law Sentencing Principles of Sentencing Public Interest Vs Offender Interest Judicial Independence From Public Opinion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal (sentence) / Judgment on Sentence Appeal

Legal Issues

  1. 1 What is the appropriate sentence balancing public interest, victim interest and offender interest
  2. 2 Whether sentencing may be influenced by public opinion or must resist such pressure
  3. 3 How the interest of the community weighs against individual mitigation factors

Ratio Decidendi

The court held that sentencing must balance offender, victim and community interests, giving primacy to public interest, and that judicial independence requires courts not to be swayed by public opinion when determining appropriate sentences.

Court Disposition

Judgment delivered on 4 December 2025 applying sentencing principles as set out in the reasons.