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

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

Each cheating allegation involved a separate act of deception causing distinct loss to victims and therefore did not amount to a single transaction; guilty plea warranted mitigation but was outweighed by the number, recurrence and seriousness of offences; accordingly the Court reduced imprisonment for each count from three years to two years but upheld consecutive ordering, maintained corporal punishment and ordered restitution under section 426 Criminal Procedure Code.

Citation
JB-41H-36-08/2019 (Mahkamah Tinggi)
Parties
Appellant: Zainal bin Jidon; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 October 2020
Case Number
JB-41H-36-08/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
Cheating (section 420 Penal Code), Consecutive Sentences, One Transaction Rule, Totality Principle, Guilty Plea Mitigation, Restitution (section 426 Criminal Procedure Code)
Source Language
Malay/English
Criminal Law Sentencing Fraud Criminal Procedure Cheating (section 420 Penal Code) Consecutive Sentences One Transaction Rule Totality Principle +2 more

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Parties

Zainal bin Jidon

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether offences constituted one transaction or multiple separate transactions for sentencing purposes
  2. 2 Whether sentences should run concurrently or consecutively
  3. 3 Appropriate weight to give to guilty plea as mitigation

Ratio Decidendi

Each cheating allegation involved a separate act of deception causing distinct loss to victims and therefore did not amount to a single transaction; guilty plea warranted mitigation but was outweighed by the number, recurrence and seriousness of offences; accordingly the Court reduced imprisonment for each count from three years to two years but upheld consecutive ordering, maintained corporal punishment and ordered restitution under section 426 Criminal Procedure Code.

Court Disposition

Appeal allowed in part

Orders

  • Each imprisonment term reduced from 3 years to 2 years per count
  • Sentences to run consecutively as ordered by trial court