PENDAKWARAYA Timbalan Kan Hong Kit

PENDAKWARAYA Timbalan Kan Hong Kit

Accused was convicted under s.353 for using criminal force against a public servant; despite mitigation (early plea, first offender, remorse, low income), the offence attacked a firefighter performing duty and required a clear deterrent message. Balancing principles and precedents, a custodial sentence of one month...

Source-derived case information.

Citation
BH83-1856-10/2020 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Defendant: Kan Hong Kit; Victim (public Servant): Alfred Rudy anak Tungku
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
20 October 2020
Case Number
BH83-1856-10/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Assault on Public Servant (s.353 Kanun Keseksaan) / Sentencing After Guilty Plea
Outcome
Accused found guilty under s.353 Kanun Keseksaan and sentenced to imprisonment
Legal Topics
Assault on Public Servant, Section 353 Kanun Keseksaan, Guilty Plea Mitigation, Deterrence and Public Interest
Criminal Law Sentencing Procedural Law Assault on Public Servant Section 353 Kanun Keseksaan Guilty Plea Mitigation Deterrence and Public Interest

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Parties

Public Prosecutor

Prosecution

Kan Hong Kit

Defendant

Alfred Rudy anak Tungku

Victim (public Servant)

Procedural Posture

Criminal Assault on Public Servant (s.353 Kanun Keseksaan) / Sentencing After Guilty Plea

  1. 1 Whether the accused used criminal force to deter a public servant from performing duty under s.353
  2. 2 What sentence is appropriate balancing mitigation (first offender, plea, remorse) against public interest and deterrence
  3. 3 Whether a custodial sentence is necessary to mark societal condemnation

Ratio Decidendi

Accused was convicted under s.353 for using criminal force against a public servant; despite mitigation (early plea, first offender, remorse, low income), the offence attacked a firefighter performing duty and required a clear deterrent message. Balancing principles and precedents, a custodial sentence of one month imprisonment is warranted to protect public interest and deter similar conduct.

Court Disposition

Accused found guilty under s.353 Kanun Keseksaan and sentenced to imprisonment

Orders

  • Accused Kan Hong Kit convicted under section 353 Kanun Keseksaan
  • Sentence: One month imprisonment, to run from date of conviction 20/10/2020