Mohd Nasli bin Mohd Nasir v Pendakwa Raya

Appellant(s): Mohd Nasli Bin Mohd Nasir

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Dato' Che Mohd Ruzima Bin Ghazali
• YA Dato' Paduka Azman Bin Abdullah
• YA Datuk Mohamed Zaini Bin Mazlan

• The appellant was convicted by the Sessions Court for causing grievous hurt to a police officer with a parang, resulting in the victim's right thumb being severed.
• The High Court affirmed the conviction and a 7-year prison sentence.
• The appellant appealed to the Court of Appeal against the sentence only, arguing it was manifestly excessive due to his diagnosis of schizophrenia.

• Whether the lower courts erred in principle or imposed a manifestly excessive sentence by failing to adequately consider the appellant's schizophrenia as a mitigating factor.
• Whether the appellant's mental condition, though not meeting the threshold for an absolute defence under Section 84 of the Penal Code, warranted a lighter, rehabilitative sentence.
• Whether the Sessions Court Judge properly applied sentencing principles and considered all relevant factors, including the appellant's mental state and public interest.

• The Court dismissed the appeal, affirming that the Sessions Court Judge had comprehensively considered all circumstances, including the appellant's mental state, when imposing the sentence.
• The Court found that while the appellant did not establish an absolute defence under Section 84 of the Penal Code, his mental condition was nonetheless evaluated and considered during sentencing.
• The Court reiterated its limited role in interfering with sentencing discretion, concluding that the lower courts made no error in principle and the sentence was not manifestly excessive.