PENDAKWARAYA P.Sirangam A/L Perumal

PENDAKWARAYA P.Sirangam A/L Perumal

The court held that an offence under s.323 read with s.326A is non-compoundable and attracts mandatory imprisonment (up to two years for s.323/326A); a good behaviour bond cannot be ordered; PKW was inappropriate due to the defendant's age and infirmity; balancing statutory mandate and mitigating factors (age 66, health, first offender, guilty plea, minor injury to victim and COVID-19 risks), the appropriate sentence was one day imprisonment from date of conviction.

Citation
JG-83-50-02/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: P. Sirangam A/L Perumal
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 February 2021
Case Number
JG-83-50-02/2021 (Mahkamah Majistret)
Procedural Posture
Criminal / Sentencing
Outcome
Defendant convicted under section 323 read with section 326A of the Penal Code and sentenced to imprisonment.
Legal Topics
Causing Hurt, Section 323 Penal Code, Section 326 a Penal Code, Compoundability, Mandatory Imprisonment, Attendance Order (pkw)
Source Language
Malay/English
Criminal Law Domestic Violence Criminal Procedure Sentencing Causing Hurt Section 323 Penal Code Section 326 a Penal Code Compoundability +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

P. Sirangam A/L Perumal

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether offence under s.323 read with s.326A mandates imprisonment
  2. 2 Whether the offence is compoundable under s.260 CPC and Schedule
  3. 3 Whether a bond of good behaviour (s.173A/294 CPC) can be ordered for domestic violence offence

Ratio Decidendi

The court held that an offence under s.323 read with s.326A is non-compoundable and attracts mandatory imprisonment (up to two years for s.323/326A); a good behaviour bond cannot be ordered; PKW was inappropriate due to the defendant's age and infirmity; balancing statutory mandate and mitigating factors (age 66, health, first offender, guilty plea, minor injury to victim and COVID-19 risks), the appropriate sentence was one day imprisonment from date of conviction.

Court Disposition

Defendant convicted under section 323 read with section 326A of the Penal Code and sentenced to imprisonment.

Orders

  • Convicted of one offence under section 323 read with section 326A Penal Code
  • Sentenced to 1 day imprisonment from date of conviction