KATHIRESAN A/L RASAMANIKAM

KATHIRESAN A/L RASAMANIKAM

Given the accused's first‑offender status, clean antecedents, employment and family responsibilities, the incident arising from a momentary provocation, and applicable sentencing principles, the magistrate properly exercised discretion under s.173A(2)(b) CPC to discharge the accused conditionally on a bond for good behaviour (surety RM2000 for 3 years) for the s.448 offence and imposed a RM100 fine (default 3 days) for the s.14 Minor Offences Act offence; the sentence was not manifestly inadequate and the DPP's appeal was filed.

Citation
BB-83-1766-06/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Kathiresan a/l Rasamanikam; Complainant (owner): Thomas Andre Roche; Victim: Rina Santhi a/p Thomas Andre Roche
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
11 April 2022
Case Number
BB-83-1766-06/2021 (Mahkamah Majistret)
Procedural Posture
Criminal (magistrate) / Conviction and Sentencing in Magistrate's Court; DPP Appealed to High Court
Outcome
Accused convicted on plea; Magistrate exercised s.173A(2)(b) to discharge conditionally on bond for s.448; fined for s.14; DPP appealed to High Court
Legal Topics
Trespass (s.448 Penal Code), Criminal Intimidation (s.506 Penal Code), Minor Offences (s.14 Minor Offences Act), S.173 a CPC (conditional Discharge/bond), Sentencing Principles, Appeal Against Sentence
Source Language
Malay/English
Criminal Law Criminal Procedure Trespass (s.448 Penal Code) Criminal Intimidation (s.506 Penal Code) Minor Offences (s.14 Minor Offences Act) S.173 a CPC (conditional Discharge/bond) Sentencing Principles Appeal Against Sentence

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Parties

Pendakwa Raya

Prosecution

Kathiresan a/l Rasamanikam

Accused

Thomas Andre Roche

Complainant (owner)

Rina Santhi a/p Thomas Andre Roche

Victim

Procedural Posture

Criminal (magistrate) / Conviction and Sentencing in Magistrate's Court; DPP Appealed to High Court

Legal Issues

  1. 1 Whether s.173A(2) CPC applied to allow conditional discharge and bond for s.448 offence
  2. 2 Whether the sentence imposed was manifestly inadequate or inappropriate given public interest
  3. 3 Proper weight to be given to mitigation: first offender, employment, family responsibilities, guilty plea

Ratio Decidendi

Given the accused's first‑offender status, clean antecedents, employment and family responsibilities, the incident arising from a momentary provocation, and applicable sentencing principles, the magistrate properly exercised discretion under s.173A(2)(b) CPC to discharge the accused conditionally on a bond for good behaviour (surety RM2000 for 3 years) for the s.448 offence and imposed a RM100 fine (default 3 days) for the s.14 Minor Offences Act offence; the sentence was not manifestly inadequate and the DPP's appeal was filed.

Court Disposition

Accused convicted on plea; Magistrate exercised s.173A(2)(b) to discharge conditionally on bond for s.448; fined for s.14; DPP appealed to High Court

Orders

  • Accused discharged conditionally under s.173A(2)(b) CPC for offence under s.448 Penal Code on entering bond of good behaviour with surety RM2000 for 3 years
  • For offence under s.14 Minor Offences Act: fine RM100, in default 3 days imprisonment