[ ] 1. ) MOHAMMAD ADIL BUTT BIN MOHAMMAD SHOAIB BUTT 2. ) MOHD RIZWAN BIN MOHAMAD 3. ) MUHAMMAD NUR HAKIMI BIN ABDULLAH 4. ) CHE MUHAMMAD AIMAN BIN CHE ISMAIL

[ ] 1. ) MOHAMMAD ADIL BUTT BIN MOHAMMAD SHOAIB BUTT 2. ) MOHD RIZWAN BIN MOHAMAD 3. ) MUHAMMAD NUR HAKIMI BIN ABDULLAH 4. ) CHE MUHAMMAD AIMAN BIN CHE ISMAIL

Magistrate found all accused guilty under s.324 read with s.34 Penal Code, accepted guilty pleas as mitigation but gave greater weight to premeditation, serious injuries and public interest; sentenced each accused to 12 months imprisonment and ordered the sentence to run separate/after existing sentences under s.292 Criminal Procedure Code because offences were committed in prison, were planned and warrant additional deterrent effect.

Citation
DH-83-151-12/2024 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohammad Adil Butt bin Mohammad Shoaid Butt; Defendant: Mohd Rizwan bin Mohamad; Defendant: Muhammad Nur Hakimi bin Abdullah; Defendant: Che Muhamad Aiman bin Ismail
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
15 December 2024
Case Number
DH-83-151-12/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing
Outcome
All four accused convicted and sentenced
Legal Topics
Assault With Deadly Weapon (s.324 Penal Code), Common Intention (s.34 Penal Code), Commencement of Sentence (s.292 Criminal Procedure Code), Concurrent Vs Consecutive Sentences, Mitigation and Public Interest
Source Language
Malay/English
Criminal Law Sentencing Prison Law Criminal Procedure Assault With Deadly Weapon (s.324 Penal Code) Common Intention (s.34 Penal Code) Commencement of Sentence (s.292 Criminal Procedure Code) Concurrent Vs Consecutive Sentences +1 more

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Parties

Pendakwa Raya

Prosecution

Mohammad Adil Butt bin Mohammad Shoaid Butt

Defendant

Mohd Rizwan bin Mohamad

Defendant

Muhammad Nur Hakimi bin Abdullah

Defendant

Che Muhamad Aiman bin Ismail

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the 12‑month custodial sentence is appropriate
  2. 2 Whether the sentence should run concurrently with or after existing sentences under s.292 CCrP
  3. 3 Weight to be given to guilty pleas and mitigation vs public interest

Ratio Decidendi

Magistrate found all accused guilty under s.324 read with s.34 Penal Code, accepted guilty pleas as mitigation but gave greater weight to premeditation, serious injuries and public interest; sentenced each accused to 12 months imprisonment and ordered the sentence to run separate/after existing sentences under s.292 Criminal Procedure Code because offences were committed in prison, were planned and warrant additional deterrent effect.

Court Disposition

All four accused convicted and sentenced

Orders

  • Each accused convicted under Section 324 Penal Code read with Section 34 Penal Code
  • Each accused sentenced to 12 months imprisonment