PENDAKWARAYA NUR SULEHAN AHMAD MAHMUD BIN SABRI

PENDAKWARAYA NUR SULEHAN AHMAD MAHMUD BIN SABRI

The court accepted the unreserved guilty plea and evidence, found the offences heinous against a vulnerable disabled child, held that substantial custodial sentences within statutory maxima and limited corporal punishment were appropriate; concurrent sentences were justified as the offences arose from the same transaction and totality principle was applied; guilty plea attracted mitigation but limited due to lateness after witnesses testified.

Citation
JA-62JSK-41-10/2018 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: AHMAD MAHMUD BIN SABRI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 December 2020
Case Number
JA-62JSK-41-10/2018 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing Judgment (reasons) Following Guilty Plea; Appeal Filed by Prosecutor Against Sentence
Outcome
Accused convicted on both charges and sentenced; reasons recorded and matter certified to High Court for consideration
Legal Topics
Rape, Sexual Assault of Child, Guilty Plea Procedure, Concurrent Sentences, Corporal Punishment (whipping)
Source Language
Malay/English
Criminal Law Sexual Offences Sentencing Child Protection Rape Sexual Assault of Child Guilty Plea Procedure Concurrent Sentences +1 more

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Parties

PENDAKWA RAYA

Prosecutor

AHMAD MAHMUD BIN SABRI

Accused

Procedural Posture

Criminal / Sentencing Judgment (reasons) Following Guilty Plea; Appeal Filed by Prosecutor Against Sentence

Legal Issues

  1. 1 Whether guilty plea was valid and could be accepted
  2. 2 Appropriate quantum of sentence for sexual offences against a disabled child
  3. 3 Whether sentences should run concurrently or consecutively

Ratio Decidendi

The court accepted the unreserved guilty plea and evidence, found the offences heinous against a vulnerable disabled child, held that substantial custodial sentences within statutory maxima and limited corporal punishment were appropriate; concurrent sentences were justified as the offences arose from the same transaction and totality principle was applied; guilty plea attracted mitigation but limited due to lateness after witnesses testified.

Court Disposition

Accused convicted on both charges and sentenced; reasons recorded and matter certified to High Court for consideration

Orders

  • Pertuduhan 1: Imprisonment 13 years from date of arrest and 1 stroke of the rotan
  • Pertuduhan 2: Imprisonment 15 years from date of arrest and 2 strokes of the rotan