PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara] TERTUDUH LELE BIN MAHMUD
Catchwords
The following constitute my rationale in deciding this matter whereby upon plea of guilty, I sentenced the accused person to an imprisonment term of twelve (12) years from the date of arrest on the alternative charge under section 12 (2) of the DDA 1952 [Act 234] (DDA) and punishable under section 39A(2) of the same Act. Aggrieved with my decision, the accused person lodged a notice of appeal dated 20th of May 2025 pertaining to the sentence only. Through his learned counsel, the accused person submitted the plea of mitigation primarily on personal factors for this Court’s judicial consideration. Premised on the rationale stated, it is my pondered judgment that the accused person be sentenced to an imprisonment term of 12 years from the date of arrest on the alternative charge under section 12 (2) of the DDA 1952 [Act 234] and punishable under section 39A(2) of the same Act. No order of whipping to be imposed upon the accused person due his age (52 years old) in consonance with section 289(c) of the Criminal Procedure Code which bars whipping on male offenders more than 50 years old with exception to those convicted under the Penal Code and Sexual Offences Against Children Act 2017 for offences that permits for whipping under those laws. Clearly, DDA is not under those exceptions. Sentence so ordered.
Judges (1)
Parties (2)
Case Significance
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Neg... is a High Court (Mahkamah Tinggi) decision dated May 15, 2025 (citation: wa-45a-102-10-2022). The case was decided by Azhar bin Abdul Hamid.
Key issues: Through his learned counsel, the accused person submitted the plea of mitigation primarily on personal factors for this Court’s judicial consideration..
What was the outcome of PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Neg...?
PENDAKWA RAYA Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Neg... is a High Court decision dated May 15, 2025. The case was heard by Azhar bin Abdul Hamid. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-45a-102-10-2022)