ZAINAL BIN JIDON (NO. KP : XXXXXX-XX-XXXX)

ZAINAL BIN JIDON (NO. KP : XXXXXX-XX-XXXX)

Appellate court exercised sentencing discretion: offences were separate cheating transactions not forming one transaction, therefore concurrent sentences were inappropriate; guilty plea afforded limited mitigation given multiplicity and seriousness; each custodial sentence reduced from 3 years to 2 years but ordered to run consecutively as in trial court; corporal punishment (one stroke) maintained and restitution to victims ordered under statutory provision.

Citation
JB-41H-31-08/2019 (Mahkamah Tinggi)
Parties
Appellant: Zainal bin Jidon; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 October 2020
Case Number
JB-41H-31-08/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Appeal Against Sentence
Outcome
Appeal allowed in part.
Legal Topics
Cheating (section 420 Penal Code), Consecutive Sentences, One Transaction Rule, Totality Principle, Mitigation for Guilty Plea
Source Language
Malay/English
Criminal Law Sentencing Fraud Cheating (section 420 Penal Code) Consecutive Sentences One Transaction Rule Totality Principle Mitigation for Guilty Plea

Case Brief

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Parties

Zainal bin Jidon

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the multiple offences charged constituted one transaction or separate transactions for sentencing purposes
  2. 2 Whether sentences should run concurrently or consecutively
  3. 3 Appropriate weight to give to the appellant's early guilty plea

Ratio Decidendi

Appellate court exercised sentencing discretion: offences were separate cheating transactions not forming one transaction, therefore concurrent sentences were inappropriate; guilty plea afforded limited mitigation given multiplicity and seriousness; each custodial sentence reduced from 3 years to 2 years but ordered to run consecutively as in trial court; corporal punishment (one stroke) maintained and restitution to victims ordered under statutory provision.

Court Disposition

Appeal allowed in part.

Orders

  • Reduce imprisonment for each of the 13 counts from 3 years to 2 years.
  • Sentences to run consecutively as ordered by the trial court.