AZIE RAHIMEE BIN ABDULLAH
Accused's guilty plea was voluntary, facts and exhibits established elements of offences; under s305 KTJ conviction stands and appeal against conviction is barred; sentencing was within judicial discretion after weighing mitigation, aggravation and public interest; a custodial element (one month imprisonment) plus fines was a proportionate, non-excessive sentence given use of a dangerous extendable metal rod and property damage, therefore conviction and sentence are upheld.
- Citation
- DJ-83-690-12/2025 (Mahkamah Majistret)
- Parties
- Prosecutor: Pendakwa Raya; Accused: Azie Rahimee bin Abdullah
- Court
- Magistrates' Court
- Jurisdiction
- Malaysia
- Judgment Date
- 16 December 2025
- Case Number
- DJ-83-690-12/2025 (Mahkamah Majistret)
- Procedural Posture
- Criminal / Conviction and Sentencing With Post Conviction Appeal
- Outcome
- conviction and sentence upheld
- Legal Topics
- Assault With Dangerous Weapon, Criminal Damage, Guilty Plea, Appeal Limitation Under S305 KTJ, Mitigation and Aggravation, Public Interest
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Pendakwa Raya
Prosecutor
Azie Rahimee bin Abdullah
Accused
Procedural Posture
Criminal / Conviction and Sentencing With Post Conviction Appeal
Legal Issues
- 1 Whether conviction can be appealed after a guilty plea under s305 KTJ
- 2 Appropriate sentence for causing hurt with a dangerous weapon (s324 Penal Code) and criminal damage (s427 Penal Code)
- 3 Weight to be given to guilty plea as mitigation
Ratio Decidendi
Accused's guilty plea was voluntary, facts and exhibits established elements of offences; under s305 KTJ conviction stands and appeal against conviction is barred; sentencing was within judicial discretion after weighing mitigation, aggravation and public interest; a custodial element (one month imprisonment) plus fines was a proportionate, non-excessive sentence given use of a dangerous extendable metal rod and property damage, therefore conviction and sentence are upheld.
Court Disposition
conviction and sentence upheld
Orders
- Convicted under Section 324 Penal Code and Section 427 Penal Code
- First offence: 1 month imprisonment from date of arrest and fine RM5000; in default of payment to undergo 5 months imprisonment
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