PENDAKWA RAYA Pendakwa Raya TERTUDUH Mohd Noor Bin Ab Manap
Catchwords
Criminal law — Penal Code — Culpable homicide not amounting to murder — s. 304(a) — Original charge under s. 302 reduced upon representation — Substituted charge — Accused pleaded guilty Criminal procedure — Guilty plea — s. 178 Criminal Procedure Code — Whether plea voluntary, informed and unequivocal — Statutory requirements satisfied — Conviction properly recorded Sentencing — Principles — Proportionality — Public interest — Deterrence and retribution — Loss of life as irreversible harm — Comparative sentencing trends for s. 304(a) offences Sentencing — Mitigating factors — Early guilty plea — Remorseful — Absence of weapon — Personal circumstances — Not a hardened criminal Sentencing — Discretion of court — No misdirection — Sentence of eight years’ imprisonment from date of arrest neither manifestly excessive nor manifestly inadequate Appeal — Prosecution’s appeal against sentence — Appellate restraint — No basis for interference Outcome – Prosecution’s appeal dismissed — Sentence of eight years’ imprisonment (from date of arrest).
Practice Areas
Judges (1)
Case Significance
PENDAKWA RAYA Pendakwa Raya TERTUDUH Mohd Noor Bin Ab Manap is a High Court (Mahkamah Tinggi) decision dated August 18, 2025 (citation: ca-45b-4-11-2022). The case was decided by Mohd Radzi bin Harun.
Key issues: Sentencing — Principles — Proportionality — Public interest — Deterrence and retribution — Loss of life as irreversible harm — Comparative sentencing trends for s. 304(a) offences.
What was the outcome of PENDAKWA RAYA Pendakwa Raya TERTUDUH Mohd Noor Bin Ab Manap?
PENDAKWA RAYA Pendakwa Raya TERTUDUH Mohd Noor Bin Ab Manap is a High Court decision dated August 18, 2025. The case was heard by Mohd Radzi bin Harun. See the full judgment for details.