MUHAMMAD ERIC ISKANDAR BIN NAJMAN

MUHAMMAD ERIC ISKANDAR BIN NAJMAN

The magistrate properly informed the accused and accepted a voluntary guilty plea to the alternative charge under Section 29(1) Minor Offences Act; conviction was therefore valid and the appeal against conviction is limited; the RM800 fine (or 3 weeks imprisonment if unpaid) is a lawful and proportionate sentence given the amount involved, the need for deterrence and public interest despite mitigation from youth and remorse.

Citation
WA-83-7166-08/2023 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: MUHAMMAD ERIC ISKANDAR BIN NAJMAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 August 2023
Case Number
WA-83-7166-08/2023 (Mahkamah Majistret)
Procedural Posture
Criminal (summary) / Post Conviction Sentencing (appeal Filed)
Outcome
Convicted on alternative charge under Section 29(1) Minor Offences Act; sentenced to RM800 fine or 3 weeks imprisonment if fine not paid.
Legal Topics
Cheating (section 424 Penal Code), Alternative Charge Under Minor Offences Act Section 29(1), Guilty Plea, Sentencing Principles, Appeal Against Sentence
Source Language
Malay/English
Criminal Law Criminal Procedure Sentencing Cheating (section 424 Penal Code) Alternative Charge Under Minor Offences Act Section 29(1) Guilty Plea Sentencing Principles Appeal Against Sentence

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Parties

PENDAKWA RAYA

Prosecutor

MUHAMMAD ERIC ISKANDAR BIN NAJMAN

Defendant

Procedural Posture

Criminal (summary) / Post Conviction Sentencing (appeal Filed)

Legal Issues

  1. 1 Whether the accused's guilty plea was voluntary and informed
  2. 2 Whether conviction on the alternative charge under Section 29(1) of the Minor Offences Act was proper
  3. 3 Whether the sentence imposed (RM800 fine or 3 weeks imprisonment) was appropriate and should be altered on appeal

Ratio Decidendi

The magistrate properly informed the accused and accepted a voluntary guilty plea to the alternative charge under Section 29(1) Minor Offences Act; conviction was therefore valid and the appeal against conviction is limited; the RM800 fine (or 3 weeks imprisonment if unpaid) is a lawful and proportionate sentence given the amount involved, the need for deterrence and public interest despite mitigation from youth and remorse.

Court Disposition

Convicted on alternative charge under Section 29(1) Minor Offences Act; sentenced to RM800 fine or 3 weeks imprisonment if fine not paid.

Orders

  • Fine of RM800 imposed; in default of payment, to undergo 3 weeks imprisonment