Malaysia Case Law: Decisions & Judgments

Topic

Use of deadly weapon

Legal area

Court

19 Nov 2024

[ ] RAIZNAN SHAH BIN RUZMI

Citation

DA-62RS-24-10/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-62RS-24-10/2024 (Mahkamah Sesyen)

The appeal is dismissed and the sentence is upheld because the offence (robbery under Sections 392/397) was grave: an early‑morning, armed intrusion on vulnerable female occupants with forcible seizure and pawning of jewellery; deterrence and protection of public interest outweigh mitigation from a guilty plea and there is no sufficient remorse to reduce the custodial term.
20 Aug 2024

WAN MOHAMAMD HAFIZUDDIN BIN WAN ISMAIL

Citation

DA-42H-8-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42H-8-03/2023 (Mahkamah Tinggi)

The High Court found the six-year sentence for the second count manifestly inadequate in light of the gravity of the injuries, the use of a dangerous weapon and the potential doubling effect under section 326A; public interest and deterrence outweighed the mitigation from the guilty plea, therefore the sentence on the second count was increased to 10 years imprisonment while corporal punishment was maintained and the first count sentence was affirmed.
30 May 2024

MOHD ALIPIAH BIN MOHD YUSOFF

Citation

AA-62RS-37-10/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-62RS-37-10/2021 (Mahkamah Sesyen)

The Court found the prosecution proved beyond reasonable doubt the elements of attempt to commit robbery by the accused while armed with a knife based on eyewitness identification and factual circumstances; the defence explanation was disbelieved and failed to raise reasonable doubt; accordingly the accused was convicted and sentenced within statutory limits.
3 Nov 2022

MUHAMMAD ASSYAKIRIN BIN SHAHIZAN

Citation

AA-62RS-27-11/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-62RS-27-11/2022 (Mahkamah Sesyen)

Accused's conviction stands because he pleaded guilty and s.305 CPC limits appeals against conviction; sentence of 5 years imprisonment and one whipping was appropriate and lawful under sections 392 and 397 Penal Code and must run consecutive to AA-62RS-26-11/2022 because the offences were distinct in date, time and victim as guided by PP v. Yap Huat Heng.
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.
22 May 2020

PENDAKWARAYA PENDAKWARAYA SAYEDAMANULLAH A/L SULAIMAN

Citation

WA-62RS-57-03/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62RS-57-03/2019 (Mahkamah Sesyen)

Complainant's consistent positive in-court identification corroborated by identification parade and contemporaneous observation, together with evidence of three perpetrators, theft of specific items and use of a blade, established all elements of gang-robbery under s395 read with s397 beyond reasonable doubt; the accused's alibi was uncorroborated and failed to raise reasonable doubt; accordingly guilty verdict and sentence imposed.

Malaysia Case Law

[ ] RAIZNAN SHAH BIN RUZMI

WAN MOHAMAMD HAFIZUDDIN BIN WAN ISMAIL

MOHD ALIPIAH BIN MOHD YUSOFF

MUHAMMAD ASSYAKIRIN BIN SHAHIZAN

PENDAKWARAYA MUHAMAD FADZLI BIN JANTAN

PENDAKWARAYA PENDAKWARAYA SAYEDAMANULLAH A/L SULAIMAN