ITA

Accused's guilty plea was accepted and credited but outweighed by the seriousness of the offence and public interest; therefore a custodial sentence of 4 years imprisonment from date of arrest plus a fine of RM3000 (or 12 months imprisonment if unpaid) was appropriate and proportionate under Section 354 Kanun Keseksaan to provide deterrence, protect the public and mark the gravity of the offence.

Citation: BF-83JS-3-06/2023 (Mahkamah Majistret)
Parties: Prosecutor: Pendakwa Raya; Accused: Ita
Court: Magistrates' Court
Jurisdiction: Malaysia
Judgment Date: 15 August 2023
Case Number: BF-83JS-3-06/2023 (Mahkamah Majistret)
Procedural Posture: Criminal / Sentencing
Outcome: convicted and sentenced
Legal Topics: Assault, Sexual Assault, Use of Criminal Force, Sentencing, Guilty Plea
Source Language: Malay/English

Criminal Law Assault Sexual Assault Use of Criminal Force Sentencing Guilty Plea

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 3

Parties

Pendakwa Raya

Prosecutor

Ita

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

1 Whether the guilty plea merits a sentence discount
2 Appropriate sentence under Section 354 Kanun Keseksaan (Penal Code)
3 Balancing public interest and mitigation in sentencing

Ratio Decidendi

Court Disposition

convicted and sentenced

Orders

Accused convicted under Section 354 Kanun Keseksaan.
Sentenced to 4 years imprisonment from date of arrest.

ITA