MUHAMMAD AMMAR BIN ABDUL AZIZ

MUHAMMAD AMMAR BIN ABDUL AZIZ

Balancing aggravating factors (use of a knife, injury to victim, offence committed in public commercial premises, threat to life and property) against mitigating factors (youth, family hardship, remorse and guilty plea) the court held public interest and deterrence outweighed mitigation and imposed a custodial sentence of 8 years from date of arrest with 3 strokes; exhibit P12 ordered destroyed.

Citation
JA-62-36-03/2024 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MUHAMMAD AMMAR BIN ABDUL AZIZ
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 April 2024
Case Number
JA-62-36-03/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery (section 394 Penal Code) / Sentencing Conviction Entered and Sentence Imposed
Outcome
Convicted and sentenced
Legal Topics
Robbery With Hurt, Use of Weapon, Mitigation and Aggravation, Plea Discount, Exhibit Disposal, Extension of Time for Filing Appeal
Source Language
Malay/English

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Parties

PENDAKWA RAYA

Prosecution

MUHAMMAD AMMAR BIN ABDUL AZIZ

Defendant

Procedural Posture

Criminal Robbery (section 394 Penal Code) / Sentencing Conviction Entered and Sentence Imposed

  1. 1 Whether the sentence is appropriate given robbery causing hurt with a weapon
  2. 2 Whether mitigating factors justify a reduced sentence despite violent nature of the offence
  3. 3 Proper disposition of the weapon exhibit (P12)

Ratio Decidendi

Balancing aggravating factors (use of a knife, injury to victim, offence committed in public commercial premises, threat to life and property) against mitigating factors (youth, family hardship, remorse and guilty plea) the court held public interest and deterrence outweighed mitigation and imposed a custodial sentence of 8 years from date of arrest with 3 strokes; exhibit P12 ordered destroyed.

Court Disposition

Convicted and sentenced

Orders

  • Imprisonment for 8 years to run from date of arrest 5 March 2024
  • 3 strokes