LIM WEI KEAT
The court accepted the voluntary guilty plea and evidence establishing all elements of Section 509; aggravating factors—deliberate covert recording of a woman showering, breach of trust while residing in victim's home, multiple videos and victim trauma—outweighed personal mitigation; public interest and need for deterrence justified a custodial sentence; accordingly the defendant was convicted under Section 509 Penal Code and sentenced to six months imprisonment from date of arrest (21 November 2024).
- Citation
- PA-83JS-16-11/2024 (Mahkamah Majistret)
- Parties
- Prosecution: Public Prosecutor; Defendant: Lim Wei Keat; Complainant: Ong Zhi Yen
- Court
- Magistrates' Court
- Jurisdiction
- Malaysia
- Judgment Date
- 25 November 2024
- Case Number
- PA-83JS-16-11/2024 (Mahkamah Majistret)
- Procedural Posture
- Criminal / Sentencing (convicted)
- Outcome
- Defendant convicted under Section 509 Penal Code; sentenced to 6 months imprisonment from date of arrest 21 November 2024; defence filed notice of appeal.
- Legal Topics
- Section 509 Penal Code (insulting Modesty), Voyeurism/unauthorised Recording, Sentencing and Deterrence
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
Public Prosecutor
Prosecution
Lim Wei Keat
Defendant
Ong Zhi Yen
Complainant
Procedural Posture
Criminal / Sentencing (convicted)
Legal Issues
- 1 Whether the elements of Section 509 Penal Code were made out by the evidence and confession
- 2 Whether the defendant's guilty plea was voluntary and admissible
- 3 Appropriate sentence given seriousness, deliberation, breach of trust and public interest
Ratio Decidendi
The court accepted the voluntary guilty plea and evidence establishing all elements of Section 509; aggravating factors—deliberate covert recording of a woman showering, breach of trust while residing in victim's home, multiple videos and victim trauma—outweighed personal mitigation; public interest and need for deterrence justified a custodial sentence; accordingly the defendant was convicted under Section 509 Penal Code and sentenced to six months imprisonment from date of arrest (21 November 2024).
Court Disposition
Defendant convicted under Section 509 Penal Code; sentenced to 6 months imprisonment from date of arrest 21 November 2024; defence filed notice of appeal.
Orders
- Sentence: 6 months imprisonment from date of arrest 21 November 2024
- Notice of appeal filed by defence (YBGK)
Full Case Text
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