Malaysia Case Law: Decisions & Judgments

Topic

Gang robbery

Legal area

Court

14 Jul 2025

DARSHN RAJ A/L RAJAGOPAL

Citation

WA-42H-10-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42H-10-09/2024 (Mahkamah Tinggi)

The appeal was allowed in part and the sentence reduced because the Sessions Court failed to give anxious consideration to mitigating factors and to the fact the appellant was the only person charged (distinguishing s395 from s392), resulting in a disproportionate sentence; imprisonment reduced from five to three years, whipping stayed, sentence to run from 23.8.2024.
17 May 2024

[TIMBALAN ] 1. ) MOHAMAD AZRUL AZHAM BIN MOHD ROLZAMAN 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

Citation

BF-62RS-9-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-62RS-9-05/2024 (Mahkamah Sesyen)

Court accepted the accuseds' guilty pleas but limited mitigation credit due to seriousness of gang robbery, impact on victim and public interest; applying statutory provisions and authorities the court imposed a custodial sentence of 7 years from date of arrest and 3 strokes of whipping as proportionate and appropriate under Section 395 Kanun Keseksaan.
17 May 2024

1. ) MOHAMAD HAFIZ BIN MUHD GHAZALI 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

Citation

BF-62RS-10-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-62RS-10-05/2024 (Mahkamah Sesyen)

The court accepted the accused's early guilty plea as mitigation but gave limited discount due to the gravity of gang robbery and public interest in deterrence, and imposed sentence of 7 years' imprisonment and 4 strokes of the cane under Seksyen 395 Kanun Keseksaan.
17 May 2024

1. ) MOHAMAD AZRUL AZHAM BIN MOHD ROLZAMAN 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

Citation

BF-62RS-8-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-62RS-8-05/2024 (Mahkamah Sesyen)

The court accepted the early guilty pleas as a mitigating factor but held that the gravity of gang robbery with a deadly weapon, the trauma and loss to the victim and the public interest in deterrence outweighed full mitigation; accordingly the original sentence of 10 years imprisonment from date of arrest and 4 strokes of the rotan is reasonable and is affirmed.
17 May 2024

1. ) MOHAMAD AZRUL AZHAM BIN MOHD ROLZAMAN 2. ) MOHD HAFIZUDIN BIN MOHD SHAH

Citation

BF-62RS-11-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-62RS-11-05/2024 (Mahkamah Sesyen)

Court accepted the early guilty pleas and mitigation but held that the seriousness of gang robbery, harm to victims and public interest required a substantial custodial sentence; accordingly both accused were convicted on the amended charge under s.395 Penal Code and sentenced to seven years' imprisonment (to commence after completion of sentence in case 62RS-8-05/2-24) and three strokes of the rotan, with limited discount for plea.
8 Apr 2022

RAGUVARAN A/L MOHAN

Citation

(Mahkamah Sesyen)
Court

Sessions Court
Case number

(Mahkamah Sesyen)

Court accepted the accused's guilty plea as understanding and voluntary, found him guilty of gang-robbery under sections 391/395 Kanun Keseksaan, balanced public interest and deterrence against mitigating factors (first offender, remorse, family responsibilities, recovery of stolen property) and sentenced him to five years' imprisonment effective from arrest on 23.9.2019.
4 Feb 2022

PENDAKWARAYA MUHAMAD FADZLI BIN JANTAN

Citation

BK – 62RS – 14 – 07/ 2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK – 62RS – 14 – 07/ 2020 (Mahkamah Sesyen)

Court accepted early guilty plea and mitigation but found the offences were serious, involved use of a parang and planning, and the offender had prior similar convictions; public interest and deterrence required a substantial custodial sentence. Accordingly, the defendant was convicted on both counts and sentenced to nine years imprisonment on each count commencing from date of arrest (11.7.2020) and to receive six strokes of the rotan on each count; exhibits P10, P11 and P12 ordered delivered to prosecution after appeal period.
24 Jan 2022

PENDAKWARAYA GUNASILAN A/L THENENARASU

Citation

BK – 62RS – 18 – 09/ 2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK – 62RS – 18 – 09/ 2019 (Mahkamah Sesyen)

Court accepted accused's plea as voluntary and informed, weighed mitigation (youth, remorse, first offence) against public interest and deterrence for gang robbery, applied sentencing principles and relevant precedents, and imposed a custodial sentence of five years from arrest date to reflect seriousness while recognizing mitigation.
17 Jan 2022

PENDAKWARAYA MUHAMMAD SUHAIMI KAMARUL BAZLI

Citation

BK – 62RS – 13 – 06/ 2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK – 62RS – 13 – 06/ 2020 (Mahkamah Sesyen)

The court accepted the accused's guilty plea as voluntary and informed, considered mitigating factors (youth, early plea, social report) and aggravating factors (seriousness, public interest, previous conviction), and concluded that deterrence and protection of society required a custodial sentence of three years starting from date of arrest (11.6.2020).
3 Feb 2021

HEMANATHAN A/L MOORTHY

Citation

BA-42H-61-09/2019 & BA-42H-62-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-42H-61-09/2019 & BA-42H-62-09/2019 (Mahkamah Tinggi)

Appellant waived right to mitigation by absconding; trial and sentencing in his absence complied with s425A CPC; the Sessions Court properly exercised sentencing discretion considering gravity, premeditation, violence and public interest; consecutive sentences were appropriate because the charges were distinct offences; the Sessions Court correctly directed commencement of sentence from the date of re-arrest under ss282(d) and 292 CPC; therefore there was no legal error justifying interference and the appeal is dismissed.