ARUMUGAM A/L SUBRAMANIAM

ARUMUGAM A/L SUBRAMANIAM

Court accepted the accused's guilty plea but held that public interest and need for deterrence outweighed mitigation (including intoxication and first‑offender status), and imposed a custodial sentence within statutory limits — 18 months' imprisonment from date of arrest — as proportionate to the damage caused under Section 427 Penal Code.

Citation
BF-83-279-07/2023 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Defendant: Arumugam a/l Subramaniam
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 July 2023
Case Number
BF-83-279-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Property Damage (section 427 Penal Code) / Conviction and Sentencing in Magistrate's Court; Notice of Appeal Filed
Outcome
Accused convicted on plea and sentenced to 18 months' imprisonment from date of arrest; accused filed a notice of appeal seeking mitigation.
Legal Topics
Section 427 Penal Code, Damage to Property, Plea of Guilty Mitigation, Public Interest and Deterrence, Intoxication as Mitigating Factor
Source Language
Malay/English
Criminal Law Sentencing Property Offences Section 427 Penal Code Damage to Property Plea of Guilty Mitigation Public Interest and Deterrence Intoxication as Mitigating Factor

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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Arumugam a/l Subramaniam

Defendant

Procedural Posture

Criminal Property Damage (section 427 Penal Code) / Conviction and Sentencing in Magistrate's Court; Notice of Appeal Filed

Legal Issues

  1. 1 Whether guilty plea merits mitigation and to what extent
  2. 2 Appropriate sentence for damage under Section 427 having regard to public interest and deterrence
  3. 3 Effect of intoxication on culpability and sentence

Ratio Decidendi

Court accepted the accused's guilty plea but held that public interest and need for deterrence outweighed mitigation (including intoxication and first‑offender status), and imposed a custodial sentence within statutory limits — 18 months' imprisonment from date of arrest — as proportionate to the damage caused under Section 427 Penal Code.

Court Disposition

Accused convicted on plea and sentenced to 18 months' imprisonment from date of arrest; accused filed a notice of appeal seeking mitigation.

Orders

  • Convicted under Section 427 Penal Code
  • Sentenced to 18 months' imprisonment from date of arrest