MD ZAIDI BIN TAIB v Pendakwa Raya
Catchwords
Criminal Law — Sentence — Appeal against sentence — Voluntarily causing grievous hurt with weapon against family member — Offence under s 326 read with s 326A of Penal Code — Appellant convicted and sentenced to seven years’ imprisonment — Appeal against conviction withdrawn — Post-conviction developments at appellate stage: victim deceased, negotiations initiated, voluntary offer of compensation to victim’s family — Mitigating factors: first offender aged 58, underlying family land dispute — Aggravating factors: use of weapon, serious injuries, family violence — Whether sentence manifestly excessive — Trial court did not have benefit of supervening events — Appellate intervention warranted — Sentence reduced to ten months’ imprisonment, fine of RM10,000, and compensation of RM25,000 — Time to pay fine and compensation granted Criminal Procedure — Sentencing — Compensation to victim — Voluntary offer of compensation by accused made at appellate stage — No application by Public Prosecutor under s 426(1A) Criminal Procedure Code — Court’s inherent discretion to consider voluntary compensation in mitigation — Section 426(1C) factors as guide — Relevance of familial relationship to compensation and reconciliation Criminal Procedure — Appeal — Appeal against sentence — Principles of appellate intervention — When appellate court may disturb sentence — Supervening events after trial — Appellate court entitled to consider post-conviction developments bearing on appropriateness of sentence — Sentence manifestly excessive in light of subsequent developments — Appeal allowed in part Statutory Interpretation — Section 426 Criminal Procedure Code — Compensation orders — Application by Public Prosecutor — Effect of absence of application — Court’s residual discretion to consider voluntary restitution as mitigating factor Comparative Law — Compensation in criminal proceedings — England and Wales, Singapore, India, France, Switzerland, United Arab Emirates — Common principle that voluntary reparation by accused relevant to sentencing
Practice Areas
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-42s-9-12-2024)