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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the sentence is appropriate given robbery causing hurt with a weapon
- 2 Whether mitigating factors justify a reduced sentence despite violent nature of the offence
- 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
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