MOHAMMAD FAIZUL BIN ROSLI

MOHAMMAD FAIZUL BIN ROSLI

Given accused was a first offender who pleaded guilty immediately, admitted facts and exhibits, and mitigation outweighed prosecution's aggravation which lacked compelling reasons for imprisonment, the court exercised discretion under s.323 Kanun Keseksaan to impose a fine of RM1,500 with default 5 months imprisonment as appropriate and proportionate.

Citation
AC-85-174-10/2025 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohammad Faizul bin Rosli
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 October 2025
Case Number
AC-85-174-10/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Assault (section 323 Kanun Keseksaan) / Conviction and Sentencing; Prosecution Filed Appeal
Outcome
Accused convicted under section 323 Kanun Keseksaan; sentenced to a fine of RM1,500 or in default 5 months imprisonment; prosecution has filed an appeal against sentence.
Legal Topics
Assault, Section 323 Kanun Keseksaan, Sentencing Principles, Mitigation, Public Interest
Source Language
Malay/English
Criminal Law Sentencing Assault Section 323 Kanun Keseksaan Sentencing Principles Mitigation Public Interest

Case Brief

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Parties

Pendakwa Raya

Prosecution

Mohammad Faizul bin Rosli

Defendant

Procedural Posture

Criminal Assault (section 323 Kanun Keseksaan) / Conviction and Sentencing; Prosecution Filed Appeal

Legal Issues

  1. 1 Appropriate sentence under section 323 Kanun Keseksaan (fine or imprisonment)
  2. 2 Whether mitigating factors (first offender, early guilty plea, remorse, family responsibilities) justify a fine instead of imprisonment
  3. 3 Whether prosecution's aggravation justified custodial sentence

Ratio Decidendi

Given accused was a first offender who pleaded guilty immediately, admitted facts and exhibits, and mitigation outweighed prosecution's aggravation which lacked compelling reasons for imprisonment, the court exercised discretion under s.323 Kanun Keseksaan to impose a fine of RM1,500 with default 5 months imprisonment as appropriate and proportionate.

Court Disposition

Accused convicted under section 323 Kanun Keseksaan; sentenced to a fine of RM1,500 or in default 5 months imprisonment; prosecution has filed an appeal against sentence.

Orders

  • Denda RM1,500; jika gagal bayar hukuman gantian 5 bulan penjara.