WAN KAH HUNG

WAN KAH HUNG

Balancing public interest and seriousness of the offence against mitigating factors (19-year-old first offender, guilty plea, low income, caring for elderly parents) and on the forensic evidence which did not establish that all implicated images involved a child, the court held imprisonment was not appropriate and imposed a fine of RM5,500 with 5 months imprisonment in default under s.292 Penal Code within the court's jurisdiction under ss.85 and 87 Lower Courts Act 1948.

Citation
WA-83-8257-09/2024 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Respondent: Wan Kah Hung
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 September 2024
Case Number
WA-83-8257-09/2024 (Mahkamah Majistret)
Procedural Posture
Criminal (section 292 Penal Code) / Appeal Against Sentence Filed by Prosecution
Outcome
Convicted and sentenced on 25 September 2024; on 5 December 2024 sentence explained and confirmed: fine RM5,500 and in default 5 months imprisonment under s.292 Penal Code.
Legal Topics
Obscenity (s.292 Penal Code), Sentencing Principles and Mitigation, Public Interest in Sentencing, Youth and First Offender Considerations, Forensic Analysis of Electronic Evidence
Source Language
Malay/English
Criminal Law Sentencing Obscenity/offences Relating to Obscene Publications Forensic Evidence Obscenity (s.292 Penal Code) Sentencing Principles and Mitigation Public Interest in Sentencing Youth and First Offender Considerations +1 more

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Parties

Pendakwa Raya

Prosecutor

Wan Kah Hung

Respondent

Procedural Posture

Criminal (section 292 Penal Code) / Appeal Against Sentence Filed by Prosecution

Legal Issues

  1. 1 Whether imprisonment is required in the public interest for possession and public showing of obscene materials under s.292(a) Penal Code
  2. 2 Whether the victim(s) were children as alleged and impact on sentence severity
  3. 3 Weight of guilty plea and mitigation (age, first offender, family responsibilities) in sentencing

Ratio Decidendi

Balancing public interest and seriousness of the offence against mitigating factors (19-year-old first offender, guilty plea, low income, caring for elderly parents) and on the forensic evidence which did not establish that all implicated images involved a child, the court held imprisonment was not appropriate and imposed a fine of RM5,500 with 5 months imprisonment in default under s.292 Penal Code within the court's jurisdiction under ss.85 and 87 Lower Courts Act 1948.

Court Disposition

Convicted and sentenced on 25 September 2024; on 5 December 2024 sentence explained and confirmed: fine RM5,500 and in default 5 months imprisonment under s.292 Penal Code.

Orders

  • Convicted under Section 292(a) Penal Code
  • Sentence: Fine of RM5,500 and in default of payment 5 months imprisonment