Ripon [Bangladesh]

Ripon [Bangladesh]

Given the appellant's guilty plea, mitigation, the seriousness of causing a death and appellate guidance placing s.304(a) guilty-plea sentences in the 15–20 year band, a term of 15 years' imprisonment from date of arrest is appropriate and was upheld.

Citation
BA-45B-3-02/2021 (Mahkamah Tinggi)
Parties
Respondent: Pendakwa Raya; Appellant: Ripon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 October 2023
Case Number
BA-45B-3-02/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Sentence (homicide) / Sentence Appeal / Mitigation Hearing
Outcome
Appeal dismissed; sentence of 15 years' imprisonment from date of arrest upheld.
Legal Topics
Section 304(a) Penal Code, Mitigation, Range of Sentence, Alternative/plea to Lesser Charge
Source Language
Malay/English
Criminal Law Sentencing Homicide Section 304(a) Penal Code Mitigation Range of Sentence Alternative/plea to Lesser Charge

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pendakwa Raya

Respondent

Ripon

Appellant

Procedural Posture

Criminal Appeal Against Sentence (homicide) / Sentence Appeal / Mitigation Hearing

Legal Issues

  1. 1 Whether the 15-year sentence under section 304(a) is excessive
  2. 2 Whether mitigation and guilty plea justify a reduced sentence below established range
  3. 3 Appropriate sentencing range for convictions under section 304(a) following plea to lesser offence

Ratio Decidendi

Given the appellant's guilty plea, mitigation, the seriousness of causing a death and appellate guidance placing s.304(a) guilty-plea sentences in the 15–20 year band, a term of 15 years' imprisonment from date of arrest is appropriate and was upheld.

Court Disposition

Appeal dismissed; sentence of 15 years' imprisonment from date of arrest upheld.

Orders

  • Appeal dismissed
  • Sentence of 15 years imprisonment to run from date of arrest 11.11.2019