ZULKIFLI BIN ARIFFIN

ZULKIFLI BIN ARIFFIN

Balancing public interest and the need for deterrence against significant mitigating factors (immediate guilty plea, cooperation, remorse, deletion of material and clean record), the accused was convicted under s.233(1)(a) CMA and sentenced to a fine of RM30,000, default 6 months imprisonment; a custodial sentence was unnecessary given the mitigating circumstances but a substantial fine is required to reflect the gravity and deterrent purpose of the law.

Citation
BK-63-10-09/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Zulkifli bin Ariffin; Complainant: Muhammad Luthfi Azzamuddin Mohd Munim
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 October 2022
Case Number
BK-63-10-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal (summons Under Communications and Multimedia Act 1998) / Sentencing (conviction Entered Following Guilty Plea)
Outcome
Accused convicted under s.233(1)(a) Communications and Multimedia Act 1998 and sentenced
Legal Topics
Improper Use of Network Facilities, Indecent Communication, Sentencing Principles, Section 233 Communications and Multimedia Act 1998
Source Language
Malay/English
Criminal Law Communications and Multimedia Law Cyber Law Media Regulation Improper Use of Network Facilities Indecent Communication Sentencing Principles Section 233 Communications and Multimedia Act 1998

Case Brief

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Parties

Public Prosecutor

Prosecutor

Zulkifli bin Ariffin

Accused

Muhammad Luthfi Azzamuddin Mohd Munim

Complainant

Procedural Posture

Criminal (summons Under Communications and Multimedia Act 1998) / Sentencing (conviction Entered Following Guilty Plea)

Legal Issues

  1. 1 Whether custodial sentence was appropriate given public interest and aggravating factors
  2. 2 Weight to be accorded to early guilty plea and mitigating personal circumstances
  3. 3 Proper construction and application of s.233(1)(a) and sentencing under s.233(3)

Ratio Decidendi

Balancing public interest and the need for deterrence against significant mitigating factors (immediate guilty plea, cooperation, remorse, deletion of material and clean record), the accused was convicted under s.233(1)(a) CMA and sentenced to a fine of RM30,000, default 6 months imprisonment; a custodial sentence was unnecessary given the mitigating circumstances but a substantial fine is required to reflect the gravity and deterrent purpose of the law.

Court Disposition

Accused convicted under s.233(1)(a) Communications and Multimedia Act 1998 and sentenced

Orders

  • Fine of RM30,000.00 in default thereof 6 months imprisonment
  • Conviction recorded on the charge