MOHD SHAWALL BIN MUSTAFFA MUHAMMAD ASRAF BIN MOHAMED TAHIR

MOHD SHAWALL BIN MUSTAFFA MUHAMMAD ASRAF BIN MOHAMED TAHIR

Conviction was affirmed but the custodial sentence of 30 months was excessive in the circumstances; given appellant was a first offender, a former police officer who lost his job, had paid the fine and suffered long pre‑trial delay, a one‑day imprisonment coupled with the existing fine was sufficient and substituted for the 30‑month term.

Citation
WA-42(R)(A)-1-01/2020 (Mahkamah Tinggi)
Parties
Appellant: Mohd Shawall bin Mustaffa; Respondent: Pendakwa Raya
Court
R
Jurisdiction
Malaysia
Judgment Date
28 July 2021
Case Number
WA-42(R)(A)-1-01/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal to High Court (criminal Division) Against Conviction and Sentence; Judgment on Appeal Delivered
Outcome
Appeal allowed in part: conviction affirmed; original sentence of 30 months imprisonment set aside and substituted with one day imprisonment; fine RM10,000.00 or six months imprisonment if unpaid maintained.
Legal Topics
Bribery, Acceptance of Gratification by Public Officer, Mitigation and Sentencing Principles
Source Language
Malay/English
Criminal Law Anti Corruption Sentencing Bribery Acceptance of Gratification by Public Officer Mitigation and Sentencing Principles

Case Brief

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Parties

Mohd Shawall bin Mustaffa

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal to High Court (criminal Division) Against Conviction and Sentence; Judgment on Appeal Delivered

Legal Issues

  1. 1 Whether the 30‑month imprisonment was excessive and should be reduced
  2. 2 Whether mitigating factors (first offender status, former police service, loss of employment, payment of fine, long pre‑trial delay) justify non‑custodial or minimal custodial sentence
  3. 3 Appropriate sentence for receipt of RM1,000 under Section 17(a) SPRM Act 2009

Ratio Decidendi

Conviction was affirmed but the custodial sentence of 30 months was excessive in the circumstances; given appellant was a first offender, a former police officer who lost his job, had paid the fine and suffered long pre‑trial delay, a one‑day imprisonment coupled with the existing fine was sufficient and substituted for the 30‑month term.

Court Disposition

Appeal allowed in part: conviction affirmed; original sentence of 30 months imprisonment set aside and substituted with one day imprisonment; fine RM10,000.00 or six months imprisonment if unpaid maintained.

Orders

  • Conviction affirmed.
  • Original sentence of 30 months imprisonment set aside and substituted with one day imprisonment to run from date of judgment.