1. ) SEE SIP ENG 2. ) SEE SIP WEI

1. ) SEE SIP ENG 2. ) SEE SIP WEI

The court upheld the magistrate's sentence of one year imprisonment from 21 May 2023, finding the magistrate correctly applied sentencing principles, properly afforded mitigation credit for an early guilty plea, and that there were no substantial or compelling reasons nor any miscarriage of justice to disturb the...

Source-derived case information.

Citation
AC-83-223-05/2023 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Appellant: See Sip Eng
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
23 May 2023
Case Number
AC-83-223-05/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed; sentence upheld
Legal Topics
Theft, Sentencing, Guilty Plea Mitigation, Appeal on Facts
Criminal Law Theft Sentencing Guilty Plea Mitigation Appeal on Facts

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Parties

Public Prosecutor

Prosecutor

See Sip Eng

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence of one year imprisonment was excessive
  2. 2 Whether the appellant was entitled to greater mitigation credit for early guilty plea
  3. 3 Whether there was any miscarriage of justice warranting interference by the appellate court

Ratio Decidendi

The court upheld the magistrate's sentence of one year imprisonment from 21 May 2023, finding the magistrate correctly applied sentencing principles, properly afforded mitigation credit for an early guilty plea, and that there were no substantial or compelling reasons nor any miscarriage of justice to disturb the sentence.

Court Disposition

appeal dismissed; sentence upheld

Orders

  • Appeal dismissed
  • Sentence of one year imprisonment to run from 21 May 2023