[ ] RAIZNAN SHAH BIN RUZMI

[ ] RAIZNAN SHAH BIN RUZMI

The appeal is dismissed and the sentence is upheld because the offence (robbery under Sections 392/397) was grave: an early‑morning, armed intrusion on vulnerable female occupants with forcible seizure and pawning of jewellery; deterrence and protection of public interest outweigh mitigation from a guilty plea and there is no sufficient remorse to reduce the custodial term.

Citation
DA-62RS-24-10/2024 (Mahkamah Sesyen)
Parties
Appellant: Raiznan Shah bin Ruzmi; Respondent (public Prosecutor): Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 November 2024
Case Number
DA-62RS-24-10/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal / Appeal Against Sentence (judgment on Sentence)
Outcome
Appeal dismissed; sentence upheld
Legal Topics
Robbery, Aggravated Robbery, Use of Deadly Weapon, Deterrence, Mitigation (guilty Plea), Victim Protection, Appeal Against Sentence
Source Language
Malay/English
Criminal Law Sentencing Robbery Aggravated Robbery Use of Deadly Weapon Deterrence Mitigation (guilty Plea) Victim Protection +1 more

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Parties

Raiznan Shah bin Ruzmi

Appellant

Pendakwa Raya

Respondent (public Prosecutor)

Procedural Posture

Criminal Appeal / Appeal Against Sentence (judgment on Sentence)

Legal Issues

  1. 1 Appropriateness of sentence for robbery under Sections 392/397 Penal Code
  2. 2 Whether public interest and deterrence justify the severity of sentence
  3. 3 Whether guilty plea merits mitigation of sentence

Ratio Decidendi

The appeal is dismissed and the sentence is upheld because the offence (robbery under Sections 392/397) was grave: an early‑morning, armed intrusion on vulnerable female occupants with forcible seizure and pawning of jewellery; deterrence and protection of public interest outweigh mitigation from a guilty plea and there is no sufficient remorse to reduce the custodial term.

Court Disposition

Appeal dismissed; sentence upheld

Orders

  • Sentence of 8 years imprisonment and one stroke of whipping to run from 19/11/2024 upheld
  • Exhibit jewellery to be returned to the rightful owner after expiry of appeal