PENDAKWARAYA Pendakwaraya Muhammad Amru Lubis

PENDAKWARAYA Pendakwaraya Muhammad Amru Lubis

The court convicted on both counts and sentenced heavily because the offences involved active support and direct preparation for terrorist acts; public interest and deterrence against extremism outweigh personal mitigation including guilty plea, resulting in 20 years imprisonment and fine for section 130F(a) and 2 years imprisonment for section 130JB(1)(a), to run concurrently from the date of arrest; the seized phone is forfeited.

Citation
WA-45SO-13-10/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Defendant: Muhammad Amru Lubis
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 July 2020
Case Number
WA-45SO-13-10/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Conviction and Sentencing
Outcome
Accused convicted on both counts and sentenced
Legal Topics
Providing Training for Terrorism, Possession of Terrorist Materials, Mitigation and Sentencing Principles, Forfeiture of Property
Source Language
Malay/English
Criminal Law Terrorism Law Sentencing Providing Training for Terrorism Possession of Terrorist Materials Mitigation and Sentencing Principles Forfeiture of Property

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Muhammad Amru Lubis

Defendant

Procedural Posture

Criminal Trial / Conviction and Sentencing

Legal Issues

  1. 1 Whether accused committed offences under section 130F(a) Penal Code
  2. 2 Whether accused committed offence under section 130JB(1)(a) Penal Code by possessing IS-related items
  3. 3 Appropriate sentence given seriousness of terrorism offences and available mitigation

Ratio Decidendi

The court convicted on both counts and sentenced heavily because the offences involved active support and direct preparation for terrorist acts; public interest and deterrence against extremism outweigh personal mitigation including guilty plea, resulting in 20 years imprisonment and fine for section 130F(a) and 2 years imprisonment for section 130JB(1)(a), to run concurrently from the date of arrest; the seized phone is forfeited.

Court Disposition

Accused convicted on both counts and sentenced

Orders

  • Count 1 (Section 130F(a)): imprisonment 20 years and fine RM5,000; default in payment of fine results in additional imprisonment 5 months
  • Count 2 (Section 130JB(1)(a)): imprisonment 2 years and forfeiture of seized mobile phone