KHAIRUL AZIZI BIN AB AZIZ [ ]

KHAIRUL AZIZI BIN AB AZIZ [ ]

Appellant's plea was unqualified and made after understanding the charges and consequences; he admitted the factual matrix and exhibits establishing the elements of Section 23 ASPRM 2009; accordingly conviction is valid and, having considered mitigation, the sentence is within lawful range and is affirmed; appeal dismissed.

Citation
CA-42(R)(A)-1-01/2022 (Mahkamah Tinggi)
Parties
Appellant/accused: Khairul Azizi bin Ab Aziz; Respondent: Pendakwa Raya (Public Prosecutor)
Court
R
Jurisdiction
Malaysia
Judgment Date
24 June 2022
Case Number
CA-42(R)(A)-1-01/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Under Section 23 ASPRM 2009 / High Court Determination on Appeal From Sessions Court Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence of Sessions Court affirmed
Legal Topics
Section 23 ASPRM 2009 Elements, Guilty Plea, Appeal Limitation Under Section 305 CPC, Sentencing
Source Language
Malay/English
Criminal Law Anti Corruption Law Criminal Procedure Section 23 ASPRM 2009 Elements Guilty Plea Appeal Limitation Under Section 305 CPC Sentencing

Case Brief

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Parties

Khairul Azizi bin Ab Aziz

Appellant/accused

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal Under Section 23 ASPRM 2009 / High Court Determination on Appeal From Sessions Court Conviction and Sentence

Legal Issues

  1. 1 Whether the guilty plea was voluntary and unqualified
  2. 2 Whether elements of Section 23 ASPRM 2009 were established
  3. 3 Whether appeal against conviction is barred by section 305 CPC and whether sentence is appropriate

Ratio Decidendi

Appellant's plea was unqualified and made after understanding the charges and consequences; he admitted the factual matrix and exhibits establishing the elements of Section 23 ASPRM 2009; accordingly conviction is valid and, having considered mitigation, the sentence is within lawful range and is affirmed; appeal dismissed.

Court Disposition

Appeal dismissed; conviction and sentence of Sessions Court affirmed

Orders

  • Appeal dismissed
  • Convictions under both counts under Section 23 ASPRM 2009 upheld