Kota Kinabalu: A 26-year-old man was jailed 16 months by the Magistrate’s Court, here, for assaulting his wife.
Magistrate Wan Farrah Farriza Wan Ghazali convicted Mohd Syazwan Syamsurizal after a full trial, finding him guilty of causing injury to his 22-year-old wife, at a unit in an apartment at Putatan, at about 3am on Nov 28, 2023.
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In her ruling, the magistrate held that the prosecution had succeeded in proving its case against Syazwan and found him guilty as charged.
The court took into account that the matter was decided after a full trial, considerations of public interest, and that the legislature takes a serious view of offences under Sections 323 and 326A of the Penal Code.
The court also noted that Syazwan was aware of the consequences of his actions and sentence, and considered the aggravating factors raised by the prosecution as well as the mitigation submitted by Syazwan.
Syazwan, who had been out on court bail, was ordered to begin serving the 16-month jail sentence from the date of conviction.
His bail was ordered to be refunded.
Syazwan was charged under Section 323 of the Penal Code, read together with Section 326A of the Penal Code.
Section 323 provides for imprisonment of up to one year, or a fine of up to RM2,000, or both, while Section 326A allows for a sentence of up to twice the maximum term prescribed for the relevant offence where the victim is a spouse.
A total of four prosecution witnesses and one defence witness testified during the trial.
Deputy Public Prosecutor Akaash Singh appeared for the prosecution.
Syazwan was unrepresented.
