Pendakwa Raya v 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)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ca-45b-4-11-2022)