1. ) MOHD ADIB BIN KASIM 2. ) FAIS BIN YUSOFF

1. ) MOHD ADIB BIN KASIM 2. ) FAIS BIN YUSOFF

The accused's unequivocal guilty plea was valid but did not outweigh aggravating factors including multiple prior convictions for the same offence, the seriousness and frequency of housebreaking offences, and public interest in deterrence; the sentence of 36 months' imprisonment and one stroke, running from date of arrest, is within statutory limits under s.457 Penal Code and is appropriate and proportionate in all circumstances.

Citation
MA-83-320-04/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Defendant: Mohd Adib bin Kasim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 June 2022
Case Number
MA-83-320-04/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Section 457 Penal Code (housebreaking and Theft) / Sentencing (appeal Lodged)
Outcome
Accused convicted on plea of guilty; sentenced to 36 months imprisonment and one stroke; sentence to run from date of arrest; Notice of Appeal filed
Legal Topics
Housebreaking, Theft, Repeat Offenders, Mitigation for Guilty Plea, Public Interest and Deterrence, Judicial Notice
Source Language
Malay/English
Criminal Law Sentencing Penal Code Housebreaking Theft Repeat Offenders Mitigation for Guilty Plea Public Interest and Deterrence +1 more

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Parties

Pendakwa Raya

Prosecutor

Mohd Adib bin Kasim

Defendant

Procedural Posture

Criminal Section 457 Penal Code (housebreaking and Theft) / Sentencing (appeal Lodged)

Legal Issues

  1. 1 Validity and effect of guilty plea
  2. 2 Appropriate sentence under Section 457 Penal Code
  3. 3 Weight to be given to previous convictions

Ratio Decidendi

The accused's unequivocal guilty plea was valid but did not outweigh aggravating factors including multiple prior convictions for the same offence, the seriousness and frequency of housebreaking offences, and public interest in deterrence; the sentence of 36 months' imprisonment and one stroke, running from date of arrest, is within statutory limits under s.457 Penal Code and is appropriate and proportionate in all circumstances.

Court Disposition

Accused convicted on plea of guilty; sentenced to 36 months imprisonment and one stroke; sentence to run from date of arrest; Notice of Appeal filed

Orders

  • Convicted of offence under Section 457 Penal Code
  • Sentenced to 36 months imprisonment to run from date of arrest