MOHD NIZAR BIN MOHD AZLI (K/P: 920523-03-5205)

MOHD NIZAR BIN MOHD AZLI (K/P: 920523-03-5205)

The High Court held there was no legal error or misapplication of principle by the Sessions Court, the offence was serious (use of weapon and injury to an infant), section 294 KTJ did not apply to such serious offences, and the sentence of 7 years imprisonment from arrest date and one stroke of the rotan was within permissible discretion and therefore affirmed.

Citation
DA-42H-16-07/2020 (Mahkamah Tinggi)
Parties
Appellant: Mohd Nizar bin Mohd Azli; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 September 2021
Case Number
DA-42H-16-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Sentence in High Court
Outcome
Appeal dismissed and sentence affirmed
Legal Topics
Robbery (section 392 Penal Code), Armed Robbery, Plea of Guilty and Mitigation, Application of Section 294 Kanun Tatacara Jenayah, Caning, Public Interest in Sentencing
Source Language
Malay/English
Criminal Law Sentencing Criminal Procedure Robbery (section 392 Penal Code) Armed Robbery Plea of Guilty and Mitigation Application of Section 294 Kanun Tatacara Jenayah Caning +1 more

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Parties

Mohd Nizar bin Mohd Azli

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence in High Court

Legal Issues

  1. 1 Whether the Sessions Court erred in sentencing and exercised wrong discretion
  2. 2 Whether the plea of guilty and mitigation were given proper weight
  3. 3 Whether section 294 KTJ (bond/release) applied to this serious offence

Ratio Decidendi

The High Court held there was no legal error or misapplication of principle by the Sessions Court, the offence was serious (use of weapon and injury to an infant), section 294 KTJ did not apply to such serious offences, and the sentence of 7 years imprisonment from arrest date and one stroke of the rotan was within permissible discretion and therefore affirmed.

Court Disposition

Appeal dismissed and sentence affirmed

Orders

  • Appeal dismissed
  • Sentence of imprisonment for 7 years from 2 July 2020 and one stroke of the rotan affirmed