Mohamed Mustapah Faiz vs. Hon. Attorney-General – CA 86/2006-2006

In the case between Mohamed Mustapah Faiz (Accused-Appellant) and the Hon. Attorney-General (Respondent), the court addressed whether the conduct of a school teacher in striking a student constituted cruelty to a child under Section 308A(2) of the Penal Code, and whether the sentence imposed was appropriate given the circumstances. The findings established that, while the conduct was excessive disciplinary action rather than premeditated or malicious cruelty, the statutory requirement of ‘wilful’ cruelty was not met in a manner justifying a custodial sentence. Reliance was placed on statutory interpretation and established precedents concerning judicial clemency and proportionality in sentencing. Emphasis was given to the balance of justice between proportional punishment and the absence o