MUHAMAD MIZAN BIN SAHARI

MUHAMAD MIZAN BIN SAHARI

The Court held the High Court did not err in reducing the manifestly excessive cumulative sentence imposed by the Sessions Court to a combined term of 42 years after applying proper sentencing principles (gravity of offences, victim age, offender's role, public interest and sentencing trends); the Court also applied s.288(5) CPC to limit the combined whipping to the statutory maximum of 24 strokes and therefore affirmed the High Court's conviction and sentence adjustments.

Citation
B-09(H)-107-03/2022 (Mahkamah Rayuan)
Parties
Appellant: Muhamad Mizan bin Sahari; Respondent: Public Prosecutor
Court
H
Jurisdiction
Malaysia
Judgment Date
8 November 2023
Case Number
B-09(H)-107-03/2022 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (final)
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Rape (s.376 B Penal Code), Sentencing Principles, Concurrent Vs Consecutive Sentences, Whipping Limits (s.288 Cpc), Multiple Charges Aggregation
Source Language
Malay/English
Criminal Law Sexual Offences Sentencing Law Procedure Rape (s.376 B Penal Code) Sentencing Principles Concurrent Vs Consecutive Sentences Whipping Limits (s.288 Cpc) +1 more

Case Brief

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Parties

Muhamad Mizan bin Sahari

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (final)

Legal Issues

  1. 1 Whether the High Court erred in reducing the cumulative sentence from 1050 years to 42 years
  2. 2 Whether the original consecutive sentences were manifestly excessive or a 'crushing' sentence
  3. 3 Whether the combined number of strokes of whipping is limited by s.288(5) CPC

Ratio Decidendi

The Court held the High Court did not err in reducing the manifestly excessive cumulative sentence imposed by the Sessions Court to a combined term of 42 years after applying proper sentencing principles (gravity of offences, victim age, offender's role, public interest and sentencing trends); the Court also applied s.288(5) CPC to limit the combined whipping to the statutory maximum of 24 strokes and therefore affirmed the High Court's conviction and sentence adjustments.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence as adjusted by the High Court affirmed