QUESTIONS LIST

3. Plea Of Guilty

General rule: The Court will give the Accused credit or discount for entering an early guilty plea to the offence.

Court will refuse if:

The accused making admission of the crimes that he was charged and a court accepting the admission and passing sentence to the accused.

Sau Soo Kim v PP The offence in this case was an attempt to murder and unlawful possession of firearms. The accused plea guilty. Even the offences were serious, the court considered the mitigating factors.

(i) Serious offence involved Christopher Khoo v PP The Plea Guilty is not considered as mitigating factor because of the gruesome killing.

(ii) There is no other choice but to plead guilty • Wong Kai Chuen Philip v PP The court do not see any mitigation value in a robber surrendering to the police after he is surrounded and has no means of escape.

(ii) No defence

Zaidon Shariff v PP Accused should be given discount for plea guilty but the court may refuse to apply this discretion if the offence is serious and for the interest of public. Ultimately, the right to impose punishment on the guilty party is on the discretion of the trial court.

(iv) Protection of public interest

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MITIGATING & AGGRAVATING FACTORS

Introduction

• The plea in mitigation is central to the sentencing process.
• Under S.176(2)(r), the Court is required to record particulars of the case such as the Court’s note on previous conviction and plea in mitigation.

• This means when the Court assesses an appropriate sentence to be passed, it will observe first the max punishment prescribed by the law in the penal provision; and then it may make an allowance according to the plea in mitigation by the Accused.
• Hashim Yeop Sani J in Raja lzzuddin Shah v PP said that:

Plea in mitigation must be examined and considered equally with the facts provided by the prosecution. In order to reach a true balance in the scale of justice , both aspects of the case must be considered in their true perspectives so as to strike if possible.

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