DINESH KUMAR A/L THANGNAPAL

DINESH KUMAR A/L THANGNAPAL

The court found the guilty plea was properly recorded and lawful; after balancing mitigating factors (early plea, remorse, family) against aggravating factors (use of knife, threat to victim, loss RM4,175, public interest and deterrence) the imposed sentence of 8 years imprisonment under s.395 Kanun Keseksaan, to run from 21 April 2025, is proportionate and not excessive; therefore the appeal against sentence is dismissed.

Citation
AA-62RS-43-09/2023 (Mahkamah Sesyen)
Parties
Prosecutor: Nor Arfahanim Azureen binti Arfanuddin; Defendant: Dinesh Kumar a/l Thangnapal
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 November 2025
Case Number
AA-62RS-43-09/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery / Appeal Against Sentence (notice of Appeal Filed 14.11.2025); Judgment on Appeal 16.02.2026
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Robbery With Weapon, Guilty Plea, Mitigation and Aggravation, Public Interest in Sentencing, Proportionality
Source Language
Malay/English
Criminal Law Sentencing Evidence Robbery With Weapon Guilty Plea Mitigation and Aggravation Public Interest in Sentencing Proportionality

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Parties

Nor Arfahanim Azureen binti Arfanuddin

Prosecutor

Dinesh Kumar a/l Thangnapal

Defendant

Procedural Posture

Criminal Robbery / Appeal Against Sentence (notice of Appeal Filed 14.11.2025); Judgment on Appeal 16.02.2026

Legal Issues

  1. 1 whether the guilty plea was valid and properly recorded
  2. 2 appropriate quantum of sentence for robbery under Section 395 Kanun Keseksaan
  3. 3 extent of credit to be given for early guilty plea and mitigating factors

Ratio Decidendi

The court found the guilty plea was properly recorded and lawful; after balancing mitigating factors (early plea, remorse, family) against aggravating factors (use of knife, threat to victim, loss RM4,175, public interest and deterrence) the imposed sentence of 8 years imprisonment under s.395 Kanun Keseksaan, to run from 21 April 2025, is proportionate and not excessive; therefore the appeal against sentence is dismissed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction under Section 395 Kanun Keseksaan upheld