clp- criminal law for aggravating factor

criminal law

1. Aggraviating factor and mitigating factor

2. FACTOR AGGRAVATING  CASES MITIGATING Cases Age. Mature adult. Young or elderly. Tukiran bin Taib v PP First offender 17-21 offenders not be imprisoned HOWEVER, not consider age, consider the aim of punishment and gravity of the offence  PP v The Ah Cheng A (18 years 5 months)- possession of firearms and ammunition- good behaviour- bond substituted with 3 years’ imprisonment Yap Huat Heng The gravity of the offence has priority over age- sentence was increased for rape and robbery Previous record. Numerous previous convictions.  Jafa b Daud - from 8 months to 18 months imprisonment for possession of drugs- A had 5 previous convictions, 2 of which were for possession of drugs No previous convictions. Defence - use to mitigate Abdul Karim- 3 months imprisonment substituted with RM 400 fine Mark Koding - 1 st offender was a strong mitigating factor and the A was released on a good behaviour bond Prosecution- heavier sentence Public interest is priority Oo Leng Swee & Ors - clean record no effect in drug trafficking- mandatory death sentence Leo Say & 2 Ors - 1 st offender no priority over grave offence Sentence of deterrence Khairuddin - A (bank credit officer) convicted CBT- 1 day imprisonment and RM2000 fine substituted with 18 months imprisonment 

3. Guilty plea Plead guilty Defence- strong mitigating factor Sau Soo Kim Zaidon Shariff Christopher Khoo Syamsul fazvan Abdul Aziz -172G-statutory provided discount must be awarded Prosecution- heavier sentence even plead guilty Ismail Rashid- raping dauther Ang Chai Seng- possession of morphine Vinaga Moorthy Gopal- pleaded guilty under s.304 Period since last offence(s). Short period since last offence(s). Long period since last offence(s). Zaidon Shariff Soosainathan - the longer the gap the greater the mitigating factor  Mogan Maruthamuthu - sentence reduced as there was a 16-year gap for drug possession Vijeyan Kunjoo - 8-year gap Type of previous offence(s). Similar to present offence(s), or more serious than present offence(s). Jafa b Daud - deterrent sentence- previous convictions were for similar offence No previous convictions for similar offence(s). Response to bail or remand in custody. Offence(s) committed whilst on bail.  Has not conformed to bail conditions. Remand in custody has had deterrent effect or been difficult.  Has kept to all bail conditions. Muharam Anson - duration of custody Co-operation with police. Did not co-operate with police. Has co-operated fully with police. Sharitan a/l Pachemuthu Mahanthiran a/l Durasamy - co-operation with PO with regard to the investigation of the drug offence Evidence of remorse. No evidence of remorse. Clear evidence of remorse; some remorseful actions. Raja Izzuddin Shah - A was repentant and remorseful for slapping PO- C imposed a good behaviour bond and compensation to the victim