MURLITHARAN A/L VYRAPERUMAL

MURLITHARAN A/L VYRAPERUMAL

Court affirmed that public interest, seriousness of violence and sexual assault, and victim impact outweighed mitigation; after balancing factors the court imposed imprisonment of 7 years and 2 strokes for s.377C and 5 years and 1 stroke for s.392, ordered to run concurrently from the date of arrest (30.11.2020), thereby dismissing the prosecution's appeal for consecutive or heavier sentences.

Citation
BA-62RS-2-01/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: MURLITHARAN A/L VYRAPERUMAL
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 November 2022
Case Number
BA-62RS-2-01/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Prosecution Appeal Against Sentence (sentencing Stage)
Outcome
Prosecution appeal dismissed; sentences affirmed and ordered to run concurrently from date of arrest
Legal Topics
Section 377 C KK, Section 392 KK, Concurrent Sentences, One Transaction Principle, Impact Statement
Source Language
Malay/English
Criminal Law Sentencing Sexual Offences Robbery Section 377 C KK Section 392 KK Concurrent Sentences One Transaction Principle +1 more

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Parties

Pendakwa Raya

Prosecution

MURLITHARAN A/L VYRAPERUMAL

Defendant

Procedural Posture

Criminal / Prosecution Appeal Against Sentence (sentencing Stage)

Legal Issues

  1. 1 Whether the prosecution's appeal for heavier or consecutive sentences should be allowed
  2. 2 Appropriate quantum of punishment for offences under s.377C and s.392 Kanun Keseksaan
  3. 3 Whether sentences should run concurrently or consecutively under the one transaction/totality principle

Ratio Decidendi

Court affirmed that public interest, seriousness of violence and sexual assault, and victim impact outweighed mitigation; after balancing factors the court imposed imprisonment of 7 years and 2 strokes for s.377C and 5 years and 1 stroke for s.392, ordered to run concurrently from the date of arrest (30.11.2020), thereby dismissing the prosecution's appeal for consecutive or heavier sentences.

Court Disposition

Prosecution appeal dismissed; sentences affirmed and ordered to run concurrently from date of arrest

Orders

  • Convicted of offence under s.377C Kanun Keseksaan; sentenced to 7 years imprisonment and 2 strokes of the rotan, sentence to run from 30.11.2020
  • Convicted of offence under s.392 Kanun Keseksaan; sentenced to 5 years imprisonment and 1 stroke of the rotan, sentence to run from 30.11.2020