Shamsul Baharin bin Ishak

Shamsul Baharin bin Ishak

Court accepted the accused's guilty plea to section 304(a) Kanun Keseksaan, found the facts established admission and forensic evidence supported causation, applied sentencing principles balancing public interest and mitigation (first offender, remorse, family responsibilities, early plea) and imposed 13 years' imprisonment backdated to arrest on 23.08.2023 as a sentence commensurate with the offence and within statutory maximum.

Citation
BA-45B-10-04/2024 (Mahkamah Tinggi)
Parties
Accused: Shamsul Baharin bin Ishak; Prosecutor: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2026
Case Number
BA-45B-10-04/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal / Sentencing
Outcome
Convicted under section 304(a) Kanun Keseksaan and sentenced to 13 years' imprisonment from 23.08.2023.
Legal Topics
Murder, Culpable Homicide Not Amounting to Murder, Plea of Guilty, Mitigation, Sentencing Discount
Source Language
Malay/English
Criminal Law Homicide Sentencing Murder Culpable Homicide Not Amounting to Murder Plea of Guilty Mitigation Sentencing Discount

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Parties

Shamsul Baharin bin Ishak

Accused

Pendakwa Raya

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused's plea of guilty to s.304(a) Kanun Keseksaan was properly accepted and proved
  2. 2 Appropriate length of custodial sentence having regard to gravity, aggravating facts and mitigating factors
  3. 3 Extent of discount for plea of guilty and mitigating circumstances

Ratio Decidendi

Court accepted the accused's guilty plea to section 304(a) Kanun Keseksaan, found the facts established admission and forensic evidence supported causation, applied sentencing principles balancing public interest and mitigation (first offender, remorse, family responsibilities, early plea) and imposed 13 years' imprisonment backdated to arrest on 23.08.2023 as a sentence commensurate with the offence and within statutory maximum.

Court Disposition

Convicted under section 304(a) Kanun Keseksaan and sentenced to 13 years' imprisonment from 23.08.2023.

Orders

  • Convicted under section 304(a) Kanun Keseksaan
  • Sentenced to 13 years' imprisonment to run from 23.08.2023