SEGAR A/L ARUMUGAM

SEGAR A/L ARUMUGAM

Court accepted the guilty plea as voluntary and informed, but limited mitigation credit due to defendant's repeated prior convictions for similar offences and the serious public interest in deterring domestic violence; applying s.324 read with s.326A, the appropriate sentence was 5 years imprisonment (from date of arrest) and 3 strokes of the rotan to reflect gravity, deterrence and offender's recidivism.

Citation
BK – 62 – 4 – 01/ 2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Segar a/l Arumugam
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 August 2022
Case Number
BK – 62 – 4 – 01/ 2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Conviction and Sentencing
Outcome
Guilty; convicted under s.324 read with s.326A Kanun Keseksaan and sentenced
Legal Topics
Causing Hurt With Weapon, Family Violence, Plea of Guilt, Mitigation and Aggravation
Source Language
Malay/English
Criminal Law Domestic Violence Sentencing Causing Hurt With Weapon Family Violence Plea of Guilt Mitigation and Aggravation

Case Brief

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Parties

Pendakwa Raya

Prosecution

Segar a/l Arumugam

Defendant

Procedural Posture

Criminal / Conviction and Sentencing

Legal Issues

  1. 1 Validity of guilty plea
  2. 2 Appropriate sentence under s.324 read with s.326A Kanun Keseksaan
  3. 3 Weight of prior convictions in sentencing

Ratio Decidendi

Court accepted the guilty plea as voluntary and informed, but limited mitigation credit due to defendant's repeated prior convictions for similar offences and the serious public interest in deterring domestic violence; applying s.324 read with s.326A, the appropriate sentence was 5 years imprisonment (from date of arrest) and 3 strokes of the rotan to reflect gravity, deterrence and offender's recidivism.

Court Disposition

Guilty; convicted under s.324 read with s.326A Kanun Keseksaan and sentenced

Orders

  • Imprisonment for 5 years commencing from date of arrest 19.1.2021
  • Three strokes of the rotan