NURDIN

NURDIN

The High Court found no error in the Magistrate's factual findings or application of sentencing principles; the three‑month custodial sentence was proportionate to the offence (striking the victim with a car, causing soft tissue injury and flight), not manifestly excessive, and thus the appellate court will not interfere. Appeal dismissed; sentence and other Magistrate orders upheld.

Citation
BA-41S-15-06/2024 (Mahkamah Tinggi)
Parties
Applicant: Nurdin; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 December 2024
Case Number
BA-41S-15-06/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Sentence in High Court (shah Alam)
Outcome
Appeal dismissed; conviction and sentence of three months' imprisonment by the Magistrate upheld; other Magistrate orders upheld; committal warrant issued and referral to Immigration maintained
Legal Topics
Assault Causing Hurt (section 323 Penal Code), Sentencing Principles, Appellate Intervention, Immigration Referral
Source Language
Malay/English
Criminal Law Appellate Review Sentencing Assault Causing Hurt (section 323 Penal Code) Sentencing Principles Appellate Intervention Immigration Referral

Case Brief

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Parties

Nurdin

Applicant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence in High Court (shah Alam)

Legal Issues

  1. 1 Whether the sentence of 3 months imprisonment was excessive
  2. 2 Whether the appellate court should interfere with the Magistrate's sentencing findings
  3. 3 Proper application of sentencing principles including mitigation for guilty plea and first offender status

Ratio Decidendi

The High Court found no error in the Magistrate's factual findings or application of sentencing principles; the three‑month custodial sentence was proportionate to the offence (striking the victim with a car, causing soft tissue injury and flight), not manifestly excessive, and thus the appellate court will not interfere. Appeal dismissed; sentence and other Magistrate orders upheld.

Court Disposition

Appeal dismissed; conviction and sentence of three months' imprisonment by the Magistrate upheld; other Magistrate orders upheld; committal warrant issued and referral to Immigration maintained

Orders

  • Appeal dismissed and conviction and sentence of three months' imprisonment by the Magistrate upheld
  • Other orders of the Magistrate upheld including referral to the Immigration Department upon completion of sentence