DARSHN RAJ A/L RAJAGOPAL

DARSHN RAJ A/L RAJAGOPAL

The appeal was allowed in part and the sentence reduced because the Sessions Court failed to give anxious consideration to mitigating factors and to the fact the appellant was the only person charged (distinguishing s395 from s392), resulting in a disproportionate sentence; imprisonment reduced from five to three years, whipping stayed, sentence to run from 23.8.2024.

Citation
WA-42H-10-09/2024 (Mahkamah Tinggi)
Parties
Appellant/accused: Darshn Raj a/l Rajagopal; Respondent/prosecution: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2025
Case Number
WA-42H-10-09/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal From Sessions Court Sentencing
Outcome
Appeal allowed in part; sentence reduced and corporal punishment stayed.
Legal Topics
Robbery, Gang Robbery, Sentencing Principles, Plea of Guilty, Mitigating Factors, Proportionality
Source Language
Malay/English
Criminal Law Sentencing Appeal Robbery Gang Robbery Sentencing Principles Plea of Guilty Mitigating Factors +1 more

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Parties

Darshn Raj a/l Rajagopal

Appellant/accused

Public Prosecutor

Respondent/prosecution

Procedural Posture

Criminal Appeal / Appeal From Sessions Court Sentencing

Legal Issues

  1. 1 Whether the sentence imposed by the Sessions Court was excessive and disproportionate
  2. 2 Whether the charge framed as gang robbery (s395) was appropriate given only the appellant was charged
  3. 3 Whether the Sessions Court failed to consider material mitigating factors (early plea, first offender, lack of premeditation)

Ratio Decidendi

The appeal was allowed in part and the sentence reduced because the Sessions Court failed to give anxious consideration to mitigating factors and to the fact the appellant was the only person charged (distinguishing s395 from s392), resulting in a disproportionate sentence; imprisonment reduced from five to three years, whipping stayed, sentence to run from 23.8.2024.

Court Disposition

Appeal allowed in part; sentence reduced and corporal punishment stayed.

Orders

  • Reduce term of imprisonment from 5 years to 3 years
  • Order for whipping of up to 2 strokes stayed