PENDAKWARAYA PP NABILAH BINTI ABD SAMAD

PENDAKWARAYA PP NABILAH BINTI ABD SAMAD

The magistrate lawfully exercised discretion under Section 293 CPC to impose a community service order of up to 240 hours with a RM1500 bond for a youthful, first offender convicted under Section 324 Penal Code because the factors of youth, lack of prior convictions, social report, family dependence and genuine remorse rendered a non‑custodial rehabilitative sentence appropriate while still protecting public interest.

Citation
MA-83-1280-11/2021 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: NABILAH BINTI ABD SAMAD
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 December 2021
Case Number
MA-83-1280-11/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Offence Under Section 324 Penal Code / Appeal Against Sentence in Magistrate's Court
Outcome
Conviction upheld; prosecution appeal against sentence dismissed; original non‑custodial sentence maintained.
Legal Topics
Assault Causing Hurt With Dangerous Weapon/liquid, Section 324 Penal Code, Section 293 Criminal Procedure Code, Community Service Order, Mitigation and Public Interest
Source Language
Malay/English
Criminal Law Criminal Procedure Youth Offenders Sentencing Assault Causing Hurt With Dangerous Weapon/liquid Section 324 Penal Code Section 293 Criminal Procedure Code Community Service Order +1 more

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Parties

PENDAKWA RAYA

Prosecutor

NABILAH BINTI ABD SAMAD

Defendant

Procedural Posture

Criminal Offence Under Section 324 Penal Code / Appeal Against Sentence in Magistrate's Court

Legal Issues

  1. 1 Whether Section 293 Criminal Procedure Code may be applied to a Section 324 Penal Code offence carrying imprisonment
  2. 2 Whether the magistrate's sentence of community service with a bond was appropriate and sufficient given public interest and aggravating/mitigating factors
  3. 3 Whether the youthful offender and first offender status justify non-custodial disposal

Ratio Decidendi

The magistrate lawfully exercised discretion under Section 293 CPC to impose a community service order of up to 240 hours with a RM1500 bond for a youthful, first offender convicted under Section 324 Penal Code because the factors of youth, lack of prior convictions, social report, family dependence and genuine remorse rendered a non‑custodial rehabilitative sentence appropriate while still protecting public interest.

Court Disposition

Conviction upheld; prosecution appeal against sentence dismissed; original non‑custodial sentence maintained.

Orders

  • Convicted under Section 324 Penal Code
  • Sentenced to perform Community Service Order totalling up to 240 hours to be completed within 2 years