PENDAKWARAYA Lin Aung

PENDAKWARAYA Lin Aung

The trial court applied correct sentencing principles, weighed aggravating and mitigating factors (guilty plea, first offender, youth, intoxication, family responsibilities, and victim trauma) and imposed a sentence within statutory limits; therefore the prosecution's appeal was dismissed and the sentence of five years' imprisonment from date of arrest and one stroke of the rotan is upheld.

Citation
NA-62JS-35-11/2020 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant: Lin Aung
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 December 2021
Case Number
NA-62JS-35-11/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing (appeal by Prosecution)
Outcome
Appeal dismissed; sentence upheld.
Legal Topics
Rape, Sentencing, Appeal, Plea of Guilty, Victim Trauma
Source Language
Malay/English
Criminal Law Rape Sentencing Appeal Plea of Guilty Victim Trauma

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Lin Aung

Defendant

Procedural Posture

Criminal / Sentencing (appeal by Prosecution)

Legal Issues

  1. 1 Whether the sentence of five years imprisonment and one stroke is manifestly inadequate
  2. 2 Whether the trial court misapplied sentencing principles such that appellate interference is warranted
  3. 3 Appropriate mitigation for guilty plea, first offender status, youth, intoxication and family responsibilities

Ratio Decidendi

The trial court applied correct sentencing principles, weighed aggravating and mitigating factors (guilty plea, first offender, youth, intoxication, family responsibilities, and victim trauma) and imposed a sentence within statutory limits; therefore the prosecution's appeal was dismissed and the sentence of five years' imprisonment from date of arrest and one stroke of the rotan is upheld.

Court Disposition

Appeal dismissed; sentence upheld.

Orders

  • Appeal by the prosecution dismissed.
  • Sentence of 5 years' imprisonment from date of arrest (11/11/2020) and one stroke of the rotan to stand.