MUHAMMAD RIZHUAN BIN MOHD ZUL

MUHAMMAD RIZHUAN BIN MOHD ZUL

Court accepted that the guilty plea was voluntary, informed and unqualified; on the facts including use of a pistol replica, multiple robberies on same day, identification and CCTV evidence, public interest and deterrence required a significant sentence. Balancing aggravating and mitigating factors the court convicted under section 390 read with section 392 Penal Code and sentenced the defendant to five years' imprisonment from date of arrest (26.4.2022) and one stroke of rotan.

Citation
BK – 62RS – 16 – 05/ 2022 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: MUHAMMAD RIZHUAN BIN MOHD ZUL
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 September 2022
Case Number
BK – 62RS – 16 – 05/ 2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Robbery (section 390 Read With Section 392 Penal Code) / Conviction and Sentencing (guilty Plea)
Outcome
Guilty. Sentence: 5 years' imprisonment and 1 stroke of rotan; imprisonment to run from date of arrest 26.4.2022.
Legal Topics
Robbery, Use of Replica Firearm, Guilty Plea Acceptance, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Sentencing Robbery Use of Replica Firearm Guilty Plea Acceptance Mitigation and Aggravation

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Parties

PENDAKWA RAYA

Prosecution

MUHAMMAD RIZHUAN BIN MOHD ZUL

Defendant

Procedural Posture

Criminal Robbery (section 390 Read With Section 392 Penal Code) / Conviction and Sentencing (guilty Plea)

Legal Issues

  1. 1 Whether the guilty plea was valid and informed
  2. 2 Appropriate sentence for robbery under sections 390 and 392
  3. 3 Weight to be given to aggravating factors (replica firearm,multiple offences) and mitigating factors (age, sole breadwinner, remorse)

Ratio Decidendi

Court accepted that the guilty plea was voluntary, informed and unqualified; on the facts including use of a pistol replica, multiple robberies on same day, identification and CCTV evidence, public interest and deterrence required a significant sentence. Balancing aggravating and mitigating factors the court convicted under section 390 read with section 392 Penal Code and sentenced the defendant to five years' imprisonment from date of arrest (26.4.2022) and one stroke of rotan.

Court Disposition

Guilty. Sentence: 5 years' imprisonment and 1 stroke of rotan; imprisonment to run from date of arrest 26.4.2022.

Orders

  • Imprisonment for 5 years to run from 26.4.2022
  • One stroke of rotan