Muhammad Nazizam Abdullah

Muhammad Nazizam Abdullah

High Court found the sentencing judge did not err in principle but allowed the appeal in part: the concurrent 30-year terms on seven counts of rape under s.376(3) Penal Code were reduced to concurrent 27-year terms due to early plea mitigation; the 5-year sentence under s.14(a) AKKSTK 2017 and additional 3-year term under s.16(1) remain and run consecutively as ordered; ambiguity over total caning was resolved so only 24 strokes are to be administered in total.

Citation
JB-42JSKH-4-08/2023 (Mahkamah Tinggi)
Parties
Appellant: Muhammad Nazizam bin Abdullah; Respondent: Pendakwa Raya (Public Prosecutor)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 October 2024
Case Number
JB-42JSKH-4-08/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Sentence (high Court)
Outcome
Appeal allowed in part
Legal Topics
Rape, Incest, Sexual Assault of a Child, Sentencing Principles, Concurrent and Consecutive Sentences, Corporal Punishment (caning)
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Sentencing Law Rape Incest Sexual Assault of a Child Sentencing Principles +2 more

Case Brief

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Parties

Muhammad Nazizam bin Abdullah

Appellant

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (high Court)

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether mitigation (early plea, first offender) justified a reduction
  3. 3 Whether the sentencing court erred in ordering concurrency/consecutiveness

Ratio Decidendi

High Court found the sentencing judge did not err in principle but allowed the appeal in part: the concurrent 30-year terms on seven counts of rape under s.376(3) Penal Code were reduced to concurrent 27-year terms due to early plea mitigation; the 5-year sentence under s.14(a) AKKSTK 2017 and additional 3-year term under s.16(1) remain and run consecutively as ordered; ambiguity over total caning was resolved so only 24 strokes are to be administered in total.

Court Disposition

Appeal allowed in part

Orders

  • Reduce imprisonment on seven counts under s.376(3) Penal Code from 30 years to 27 years, to run concurrently
  • Maintain imprisonment of 5 years for the offence under s.14(a) AKKSTK 2017 and additional 3 years under s.16(1) AKKSTK 2017; these terms to run consecutively after completion of the 27-year sentence for the rape counts