RAGUVARAN A/L MOHAN

Court accepted the accused's guilty plea as understanding and voluntary, found him guilty of gang-robbery under sections 391/395 Kanun Keseksaan, balanced public interest and deterrence against mitigating factors (first offender, remorse, family responsibilities, recovery of stolen property) and sentenced him to five years' imprisonment effective from arrest on 23.9.2019.

Citation: (Mahkamah Sesyen)
Parties: Prosecution: Pendakwa Raya; Defendant: Raguvaran a/l Mohan
Court: Sessions Court
Jurisdiction: Malaysia
Judgment Date: 8 April 2022
Case Number: (Mahkamah Sesyen)
Procedural Posture: Criminal Gang Robbery (section 391 Read With Section 395 Kanun Keseksaan) / Guilty Plea Accepted; Conviction and Sentencing
Outcome: Convicted; sentenced to five years' imprisonment effective from 23.9.2019
Legal Topics: Robbery, Gang Robbery, Sentencing, Guilty Plea
Source Language: Malay/English

Criminal Law Robbery Gang Robbery Sentencing Guilty Plea

Case Brief

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Parties

Pendakwa Raya

Prosecution

Raguvaran a/l Mohan

Defendant

Procedural Posture

Criminal Gang Robbery (section 391 Read With Section 395 Kanun Keseksaan) / Guilty Plea Accepted; Conviction and Sentencing

Legal Issues

1 Validity of guilty plea and whether accused understood nature and consequences
2 Appropriate sentence for gang-robbery under sections 391 and 395 Kanun Keseksaan
3 Weighing mitigating factors (first offender, remorse, caretaking responsibilities) against aggravating factors (public interest, seriousness, trend of sentences)

Ratio Decidendi

Court Disposition

Convicted; sentenced to five years' imprisonment effective from 23.9.2019

Orders

Exhibit P9 (Samsung Note 3) to be handed to the prosecution after expiry of appeal period