Mohammad Bakhari bin Abd Ghani

Mohammad Bakhari bin Abd Ghani

Court accepted guilty plea to s.354 Penal Code and imposed 3 years imprisonment and RM5000 fine (6 months default) because the factual conduct (fondling, attempted penetration of undergarment, warnings to victim) was serious, caused significant trauma to an 11-year-old and was aggravated by the familial...

Source-derived case information.

Citation
AC-62JSK-15-04/2024 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Defendant: Mohammad Bakhari bin Abd Ghani
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 December 2024
Case Number
AC-62JSK-15-04/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against Child / Sentencing at Trial Court (sessions Court)
Outcome
Guilty plea accepted to alternative charge under section 354 Penal Code; sentenced to imprisonment and fine; conviction recorded; notice of appeal filed by accused.
Legal Topics
Sexual Assault of a Child, Touching Breasts, Sentencing, Mitigation, Victim Impact
Criminal Law Sexual Offences Child Protection Sexual Assault of a Child Touching Breasts Sentencing Mitigation Victim Impact

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Parties

Public Prosecutor

Prosecution

Mohammad Bakhari bin Abd Ghani

Defendant

Procedural Posture

Criminal Sexual Offences Against Child / Sentencing at Trial Court (sessions Court)

  1. 1 Appropriate sentence for sexual touching of an 11-year-old child
  2. 2 Weight to be given to mitigation (age, ill-health, retirement)
  3. 3 Aggravating effect of familial relationship to victim

Ratio Decidendi

Court accepted guilty plea to s.354 Penal Code and imposed 3 years imprisonment and RM5000 fine (6 months default) because the factual conduct (fondling, attempted penetration of undergarment, warnings to victim) was serious, caused significant trauma to an 11-year-old and was aggravated by the familial relationship; defence mitigation was insufficient to justify a lighter sentence.

Court Disposition

Guilty plea accepted to alternative charge under section 354 Penal Code; sentenced to imprisonment and fine; conviction recorded; notice of appeal filed by accused.

Orders

  • Sentence: 3 years imprisonment.
  • Fine: RM5000; in default of payment, 6 months imprisonment.