SHRESTHA SUJAN

SHRESTHA SUJAN

The trial judge erred by failing to consider and state reasons regarding section 293 CPC; given the appellant's youth, first offender status, circumstances of the fight, drinking and foreign national status the Court should exercise its discretion under section 293 and reduce the sentence from 22 years to 6 years imprisonment from date of arrest while upholding the conviction.

Citation
J-05(SH)-164-03/2018 (Mahkamah Rayuan)
Parties
Appellant: Shrestha Sujan; Respondent: Public Prosecutor
Court
SH
Jurisdiction
Malaysia
Judgment Date
13 August 2020
Case Number
J-05(SH)-164-03/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Against Sentence Under Section 304(a) Penal Code (original Charge Section 302) / Court of Appeal Decision on Sentence (appeal Against Conviction Withdrawn)
Outcome
Conviction affirmed; sentence reduced on appeal
Legal Topics
Section 304(a) Penal Code, Section 293 Criminal Procedure Code, Sentence Reduction, Trend of Sentencing, Foreign National Prisoner and Deportation Considerations, Mitigation Factors
Source Language
Malay/English
Criminal Law Sentencing Criminal Procedure Youthful Offender Section 304(a) Penal Code Section 293 Criminal Procedure Code Sentence Reduction Trend of Sentencing +2 more

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Parties

Shrestha Sujan

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal Against Sentence Under Section 304(a) Penal Code (original Charge Section 302) / Court of Appeal Decision on Sentence (appeal Against Conviction Withdrawn)

Legal Issues

  1. 1 Whether the court should exercise its discretion under section 293 CPC for a youthful offender
  2. 2 Whether the trial judge erred by failing to consider section 293 CPC
  3. 3 Appropriate quantum of sentence for offence under section 304(a) given mitigating factors

Ratio Decidendi

The trial judge erred by failing to consider and state reasons regarding section 293 CPC; given the appellant's youth, first offender status, circumstances of the fight, drinking and foreign national status the Court should exercise its discretion under section 293 and reduce the sentence from 22 years to 6 years imprisonment from date of arrest while upholding the conviction.

Court Disposition

Conviction affirmed; sentence reduced on appeal

Orders

  • Conviction of the appellant under amended charge affirmed.
  • Original sentence of 22 years imprisonment reduced to 6 years imprisonment to run from date of arrest on 5.6.2016.