PENDAKWARAYA Tuan Hakim Amir Bin Abdul hamid MUBARIK HUSSAIN (NO .PASSPORT INDIA :K9497091)

PENDAKWARAYA Tuan Hakim Amir Bin Abdul hamid MUBARIK HUSSAIN (NO .PASSPORT INDIA :K9497091)

The court validly accepted the accused's guilty plea after ensuring through a sworn Hindi interpreter that he understood the charges and consequences; the facts admitted contained the ingredients of Section 354 Penal Code; having weighed mitigation (first offender, remorse, personal circumstances) against public interest and deterrence, the court convicted the accused on both charges and imposed 11 months imprisonment for each charge to run concurrently from date of arrest (24.09.2019).

Citation
BB-M2-83JS-32-10/2019 (Mahkamah Majistret)
Parties
Appellant: Mubarik Hussain; Respondent: Public Prosecutor
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 October 2019
Case Number
BB-M2-83JS-32-10/2019 (Mahkamah Majistret)
Procedural Posture
Criminal (offences Under Section 354 Penal Code) / Conviction and Sentencing (magistrates' Court)
Outcome
Accused convicted on both charges under Section 354 Penal Code and sentenced to imprisonment
Legal Topics
Section 354 Penal Code, Plea of Guilty, Sentencing Principles, Interpreter and Language Assistance, Concurrent Sentences
Source Language
Malay/English
Criminal Law Sexual Offences Criminal Procedure Section 354 Penal Code Plea of Guilty Sentencing Principles Interpreter and Language Assistance Concurrent Sentences

Case Brief

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Parties

Mubarik Hussain

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal (offences Under Section 354 Penal Code) / Conviction and Sentencing (magistrates' Court)

Legal Issues

  1. 1 Whether the plea of guilty was validly recorded and understood by the accused via an interpreter in compliance with Section 173 CPC
  2. 2 Whether the facts admitted by the accused constituted the ingredients of offence under Section 354 Penal Code
  3. 3 Appropriate sentence balancing mitigation, public interest and deterrence including whether imprisonment is warranted

Ratio Decidendi

The court validly accepted the accused's guilty plea after ensuring through a sworn Hindi interpreter that he understood the charges and consequences; the facts admitted contained the ingredients of Section 354 Penal Code; having weighed mitigation (first offender, remorse, personal circumstances) against public interest and deterrence, the court convicted the accused on both charges and imposed 11 months imprisonment for each charge to run concurrently from date of arrest (24.09.2019).

Court Disposition

Accused convicted on both charges under Section 354 Penal Code and sentenced to imprisonment

Orders

  • Convicted under Section 354 Penal Code for both charges
  • Sentenced to 11 months imprisonment for each charge, to run concurrently