ZAHARI BIN MAN

ZAHARI BIN MAN

The court accepted the guilty plea as unequivocal and properly explained, found the conviction proven, and held that an eight‑month custodial sentence (to run from 03/06/2022) is lawful, proportionate and justified after balancing mitigation (first offender, family dependents, plea) against aggravating factors (injury to child, trauma, public interest and deterrence) and statutory scope under Sections 323 and 326A Penal Code.

Citation
MA-83-641-06/2022 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Defendant: ZAHARI BIN MAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
8 June 2022
Case Number
MA-83-641-06/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Assault (seksyen 323/326 a Kanun Keseksaan) / Appeal Against Sentence (reasons for Sentence)
Outcome
Conviction upheld by trial magistrate; sentence of imprisonment confirmed.
Legal Topics
Assault Causing Hurt, Sentencing Principles, Guilty Plea Mitigation, Section 323 Penal Code, Section 326 a Penal Code, Public Interest
Source Language
Malay/English
Criminal Law Domestic Violence Child Protection Sentencing Assault Causing Hurt Sentencing Principles Guilty Plea Mitigation Section 323 Penal Code +2 more

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Parties

PENDAKWA RAYA

Prosecutor

ZAHARI BIN MAN

Defendant

Procedural Posture

Criminal Assault (seksyen 323/326 a Kanun Keseksaan) / Appeal Against Sentence (reasons for Sentence)

Legal Issues

  1. 1 Validity of guilty plea and its effect on sentencing
  2. 2 Appropriateness and proportionality of 8 months imprisonment
  3. 3 Applicability of Section 326A doubling because victim is child

Ratio Decidendi

The court accepted the guilty plea as unequivocal and properly explained, found the conviction proven, and held that an eight‑month custodial sentence (to run from 03/06/2022) is lawful, proportionate and justified after balancing mitigation (first offender, family dependents, plea) against aggravating factors (injury to child, trauma, public interest and deterrence) and statutory scope under Sections 323 and 326A Penal Code.

Court Disposition

Conviction upheld by trial magistrate; sentence of imprisonment confirmed.

Orders

  • Accused convicted under Seksyen 323/326A Kanun Keseksaan
  • Sentence: eight months imprisonment, to run from date of arrest 03/06/2022