1. ) HASAN MD MEHADI 2. ) SAWKAT HOSSAIN 3. ) HOSSAIN MD MONWAR

1. ) HASAN MD MEHADI 2. ) SAWKAT HOSSAIN 3. ) HOSSAIN MD MONWAR

The court confirmed that while a guilty plea and mitigating factors (first offenders, youthful foreign workers, low value taken, employment) warranted credit, these had to be balanced against public interest and Parliament's intent to deter theft; accordingly the sentencing court's exercise was proportionate and the sentences imposed (3 months' imprisonment from date of conviction and RM2,000 fine each, with 4 months' default) were appropriate and thus affirmed.

Citation
AA-83RS-379-10/2025 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Appellant: Hasan Md Mehadi; Appellant: Hossain Md Monwar; Appellant: Sawkat Hossain
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 November 2025
Case Number
AA-83RS-379-10/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Appeal Against Sentence / Judgment on Appeal
Outcome
Appeal dismissed; original sentence affirmed.
Legal Topics
Theft (section 380 Penal Code), Sentencing Principles, Plea of Guilty Discount, Public Interest and Deterrence
Source Language
Malay/English
Criminal Law Sentencing Theft (section 380 Penal Code) Sentencing Principles Plea of Guilty Discount Public Interest and Deterrence

Case Brief

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Parties

Pendakwa Raya

Prosecution

Hasan Md Mehadi

Appellant

Hossain Md Monwar

Appellant

Sawkat Hossain

Appellant

Procedural Posture

Criminal Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 Appropriate sentence for theft under section 380 Penal Code
  2. 2 Whether guilty plea and mitigation justify a reduced sentence
  3. 3 How to balance public interest/deterrence against mitigation factors

Ratio Decidendi

The court confirmed that while a guilty plea and mitigating factors (first offenders, youthful foreign workers, low value taken, employment) warranted credit, these had to be balanced against public interest and Parliament's intent to deter theft; accordingly the sentencing court's exercise was proportionate and the sentences imposed (3 months' imprisonment from date of conviction and RM2,000 fine each, with 4 months' default) were appropriate and thus affirmed.

Court Disposition

Appeal dismissed; original sentence affirmed.

Orders

  • Each appellant convicted under s.380 read with s.34 Penal Code and sentenced to 3 months imprisonment from date of conviction and fined RM2,000 each; in default of payment each to serve 4 months imprisonment.