MOHD SYUKRI BIN HARUN

MOHD SYUKRI BIN HARUN

Accused's unconditional guilty plea and exhibits supported that he committed theft in a building under section 380; balancing aggravating factors (planned operation, quantity and nature of goods, public interest and deterrence) against mitigating factors (first offender, OKU status, remorse and plea) a custodial sentence of nine months imprisonment from date of arrest is appropriate and lawful.

Citation
RA-83RS-79-08/2025 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MOHD SYUKRI BIN HARUN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
5 August 2025
Case Number
RA-83RS-79-08/2025 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing/conviction
Outcome
Accused convicted under section 380 Kanun Keseksaan and sentenced
Legal Topics
Theft (section 380 Penal Code), Burglary in a Building, Mitigation and Aggravation, Plea of Guilty
Source Language
Malay/English
Criminal Law Sentencing Evidence Theft (section 380 Penal Code) Burglary in a Building Mitigation and Aggravation Plea of Guilty

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

MOHD SYUKRI BIN HARUN

Defendant

Procedural Posture

Criminal / Sentencing/conviction

Legal Issues

  1. 1 Whether the accused committed theft in a building contrary to section 380 Kanun Keseksaan
  2. 2 What is the appropriate sentence considering mitigation (OKU status, first offender, guilty plea) and aggravation (planning, quantity of goods, public interest)

Ratio Decidendi

Accused's unconditional guilty plea and exhibits supported that he committed theft in a building under section 380; balancing aggravating factors (planned operation, quantity and nature of goods, public interest and deterrence) against mitigating factors (first offender, OKU status, remorse and plea) a custodial sentence of nine months imprisonment from date of arrest is appropriate and lawful.

Court Disposition

Accused convicted under section 380 Kanun Keseksaan and sentenced

Orders

  • Sentenced to nine months imprisonment to run from date of arrest