NADAPH ISRAPHIL PIHAK KETIGA ARVINKUMAR MOHAN

NADAPH ISRAPHIL PIHAK KETIGA ARVINKUMAR MOHAN

Court accepted the defendant's voluntary early guilty plea and mitigation but, balancing seriousness of attempted kidnapping of a child, public interest and need for deterrence, convicted under Section 363 read with Section 511 Kanun Keseksaan and imposed 18 months imprisonment from date of arrest (22.10.2024) and a fine of RM10,000 with 12 months default, as a proportionate and lawful sentence.

Citation
BD-83-1800-11/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: NADAPH ISRAPHIL
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 October 2025
Case Number
BD-83-1800-11/2024 (Mahkamah Majistret)
Procedural Posture
Criminal / Conviction and Sentencing; Appeal Filed to High Court
Outcome
Convicted under Section 363 read with Section 511 Kanun Keseksaan; sentence imposed and recorded; appeal filed to High Court
Legal Topics
Kidnapping, Attempt to Kidnap, Plea of Guilt Mitigation, Deterrence, Public Interest
Source Language
Malay/English
Criminal Law Sentencing Child Protection Kidnapping Attempt to Kidnap Plea of Guilt Mitigation Deterrence Public Interest

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Parties

PENDAKWA RAYA

Prosecution

NADAPH ISRAPHIL

Defendant

Procedural Posture

Criminal / Conviction and Sentencing; Appeal Filed to High Court

Legal Issues

  1. 1 Whether conviction under Section 363 read with Section 511 Kanun Keseksaan was proper
  2. 2 Appropriate sentence for attempted kidnapping of a child given mitigation and public interest
  3. 3 Weight to be accorded to early guilty plea and first offender status versus aggravating factors

Ratio Decidendi

Court accepted the defendant's voluntary early guilty plea and mitigation but, balancing seriousness of attempted kidnapping of a child, public interest and need for deterrence, convicted under Section 363 read with Section 511 Kanun Keseksaan and imposed 18 months imprisonment from date of arrest (22.10.2024) and a fine of RM10,000 with 12 months default, as a proportionate and lawful sentence.

Court Disposition

Convicted under Section 363 read with Section 511 Kanun Keseksaan; sentence imposed and recorded; appeal filed to High Court

Orders

  • Convicted under Section 363 Kanun Keseksaan read with Section 511 Kanun Keseksaan
  • Imprisonment for eighteen (18) months from date of arrest 22.10.2024