MOHD EFFENDY BIN A. JAMIL

MOHD EFFENDY BIN A. JAMIL

The court found all elements of s323 read with s326A proved, convicted the accused but exercised sentencing discretion to substitute imprisonment with a compulsory attendance order of 2 hours daily for 4 months under the Compulsory Attendance of Offenders Act 1954 (s.5), with RM2000 bond and one surety, because the injury severity was indeterminate, the accused was a first offender and breadwinner, rehabilitation and preserving family welfare outweighed the need for immediate imprisonment, and the sentence was proportionate and lawful.

Citation
WA-83-230-01/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Effendy bin A. Jamil
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 November 2023
Case Number
WA-83-230-01/2022 (Mahkamah Majistret)
Procedural Posture
Criminal / Appeal Against Sentence
Outcome
Guilty verdict recorded; sentence imposed as compulsory attendance order instead of imprisonment
Legal Topics
Assault (section 323), Aggravated Assault (section 326 A), Sentencing Principles, Compulsory Attendance Order, Domestic Violence
Source Language
Malay/English
Criminal Law Family Law Sentencing Law Assault (section 323) Aggravated Assault (section 326 A) Sentencing Principles Compulsory Attendance Order Domestic Violence

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Parties

Pendakwa Raya

Prosecution

Mohd Effendy bin A. Jamil

Defendant

Procedural Posture

Criminal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the magistrate's sentence was manifestly inadequate or inappropriate
  2. 2 Whether custodial sentence is necessary for offence under s323 read with s326A
  3. 3 Whether compulsory attendance order is an appropriate non-custodial sentence given the facts

Ratio Decidendi

The court found all elements of s323 read with s326A proved, convicted the accused but exercised sentencing discretion to substitute imprisonment with a compulsory attendance order of 2 hours daily for 4 months under the Compulsory Attendance of Offenders Act 1954 (s.5), with RM2000 bond and one surety, because the injury severity was indeterminate, the accused was a first offender and breadwinner, rehabilitation and preserving family welfare outweighed the need for immediate imprisonment, and the sentence was proportionate and lawful.

Court Disposition

Guilty verdict recorded; sentence imposed as compulsory attendance order instead of imprisonment

Orders

  • Convicted under Section 323 read with Section 326A of the Penal Code
  • Compulsory Attendance Order: attend for 2 hours daily for 4 months at a specified Centre under the Compulsory Attendance of Offenders Act 1954, s.5