Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sentencing principles and trend

Legal area

Court

29 Feb 2024

SYED DARUL NAFIS BIN SYED JAAFAR

Citation

JA-83D-2277-04/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-83D-2277-04/2021 (Mahkamah Majistret)

The court found prosecution had established a prima facie case; the accused's defence was an unsupported, late afterthought and mere denial that failed to raise reasonable doubt or provide sufficient Alcontara particulars, and the alleged third party 'Shamsari' was not proved or corroborated; accordingly the accused was convicted and sentenced within the statutory range after considering mitigation and sentencing trends.
15 Dec 2023

MOHD AZWAN BIN TALEB

Citation

AA-42S-13-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42S-13-09/2022 (Mahkamah Tinggi)

The Court upheld the trial judge's findings: the prosecution proved all elements of gang-robbery under section 395 read with section 34; the complainant's identification was credible and supported by parade and corroborative evidence; minor contradictions were immaterial; the alibi evidence was a recent invention and failed to raise reasonable doubt; therefore convictions were affirmed and the sentences of 10 years' imprisonment and two strokes for each appellant were appropriate and upheld.