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MALAYSIA
Judicial CP - September 2013



Corpun file 24757 at www.corpun.com

masthead

The Borneo Post, Kuching, 20 September 2013, p.12

Labourer jailed six years for robbery

KUCHING: Robbing a young woman of her mobile phone has landed a labourer to six years in jail and five strokes of the cane.

Sessions Court Judge Timothy Finlayson Joel sentenced Rudy Mohammad, 32, after he pleaded guilty to the charge framed under Section 394 of the Penal Code which provides for a maximum 20 years' jail and whipping upon conviction. The sentence is to take effect from the date of his arrest.

Rudy admitted to have committed the offence at Lorong Keranji 4F5, Tabuan Desa Utara here about 3.30pm on Aug 27. He also assaulted the 22-year-old victim during the robbery.


Click to enlarge

The brief fact of the case stated that the victim was walking alone towards Tabuan Jaya when a stranger came from behind and grabbed her mobile phone from her front pocket. She fell to the ground and suffered injuries on both elbows and knees.

Two policemen on patrol nearby saw a man running on the street in a suspicious manner. With the help of passersby, they managed to apprehend the man, later identified as the accused. The woman also managed to get her mobile phone back after it fell to the road when the accused was trying to flee.

The judge took into account the accused good sense of pleading guilty as this would save public time and expenses when he passed judgement.

Poh Yih Tinn prosecuted while Rudy was not represented by any counsel.




Corpun file 24770 at www.corpun.com

masthead

The Star, Kuala Lumpur, 28 September 2013

Trio whipped in open court

Youths get two strokes of the rotan each for armed robbery

KUALA LUMPUR: Three youths were whipped in open court as punishment for committing armed robbery.

The offenders, all wearing jeans, managed to maintain their composure during the whipping.

However, some of their parents watching from the public gallery were seen sobbing.

The youths were personal trainer Firman Shah Marzuki, 20, as well as mechanics Mohammad Talip Abd Kadir, 19, and Hazmirul Zulkafli, 18, who were juveniles when they committed the crime.

It was learnt that while it is an uncommon punishment, there had been other cases where youthful offenders were whipped in the Ampang court.

Medical personnel were also on standby during the whipping, though the delinquents appeared more embarrassed than in pain.

"I hope, for your sakes, that you do not return to a life of crime," said Ampang Sessions Judge Manira Mohd Nor, adding that the parents needed to keep a closer eye on their children.

She had sentenced the three to two strokes of the rotan each, plus a RM5,000 bond of good behaviour each, with one surety.


Click to enlarge

Manira had decided to spare them jail time, ruling that the provision under Section 293 of the Criminal Procedure Code for youthful offenders would give them a better chance to be rehabilitated.

Section 293 (1) gives the court discretion to bound over an offender who has been convicted, instead of sentencing them to prison. The section also allows the court to punish the offender with up to 10 strokes of a light cane or rattan within the court premises.

Firman, Mohammad Talip, Hazmirul and dispatch boy Mohd Ramdan Mohd Ali, 23, had pleaded guilty on Sept 2 to using a knife to rob Yeo Chai Nee, 30, of his car, a camera, a handphone and RM600 cash.

The offence occurred on Jalan AG 1/4 Astana, here at 4.30am on May 17, last year.

Mohd Ramdan, however, was not as lucky as his accomplices, as Manira sentenced him to five years prison and four strokes of the rotan, as he was not a juvenile at the time of the offence.

DPP Nadiah Malek Fauzie acted for the prosecution, while lawyers Mohd Riza Zakaria and Vasu Dev represented the accused.


[Pic from Berita Harian]


[Pic from The New Paper, Singapore]



Corpun file 24773 at www.corpun.com

Malaysia flag

Utusan Meleyu, 27 September 2013

Tiga pesalah muda disebat

[English translation below]

Oleh Siti Nooralina Ahmad


Firman Shah Marzuki, 21, (kiri), Hazmirul Zulkefli (kanan) dan Mohammad Talip Abd. Kadir, kedua-duanya berumur 19 tahun, di Mahkamah Sesyen Ampang, Selangor, semalam.
Firman Shah Marzuki, 21, (left), Hazmirul Zulkefli (right) and Mohammad Talip Abd Kadir, both 19 years old, in Sessions Court in Ampang, Selangor, yesterday.

KUALA LUMPUR 27 Sept. - Tiga pesalah muda yang mengaku melakukan rompakan berkumpulan menerima pengajaran paling bermakna apabila disebat menggunakan rotan halus di hadapan ahli keluarga dan orang awam di Mahkamah Sesyen Ampang dekat sini hari ini.

Mereka masing-masing disebat dua kali oleh pegawai dari Penjara Kajang di hadapan Hakim Manira Mohd. Nor sambil disaksikan ahli keluarga termasuk ibu bapa ketiga-tiga remaja itu, wartawan dan orang awam yang berada di galeri awam mahkamah.

Ketiga-tiga remaja terbabit ialah Firman Shah Marzuki, 21, yang bekerja sebagai jurulatih peribadi di gimnasium, Mohammad Talip Abd. Kadir, 19, dan Hazmirul Zulkafli, 19, kedua-duanya mekanik.

Mereka masing-masing kelihatan bersahaja semasa diperintahkan membongkok di bahagian meja hadapan galeri mahkamah untuk disebat menggunakan rotan sepanjang anggaran satu meter.

Terdahulu, mahkamah memerintahkan doktor yang hadir memeriksa tahap kesihatan ketiga-tiga pesalah muda berkenaan sebelum sebatan dijalankan.


Click to enlarge

Selepas ketiga-tiga mereka disahkan sihat, proses sebatan dimulakan terhadap Hazmirul dan disusuli oleh Firman serta Mohammad Talip sambil disaksikan ibu bapa dan ahli keluarga mereka yang diminta berdiri di belakang mereka.

Manira kemudian menasihati ketiga-tiga pesalah muda itu supaya tidak mengulangi kesalahan yang sama pada masa hadapan dan bijak memilih rakan.

"Mahkamah berharap agar pihak keluarga sentiasa memantau aktiviti anak masing-masing supaya tidak terlibat dengan jenayah. Hari ini mahkamah beri peluang kerana mereka pesalah muda.

"Ini hanya sebatan ringan, cuba kamu bayangkan sebatan sebenar yang dijalankan di penjara," ujar beliau.

Mereka sebelum ini mengaku bersalah atas tuduhan merompak secara berkumpulan menggunakan sebilah pisau terhadap seorang wanita, tahun lalu.

Ketiga-tiga mereka didakwa bersama Mohd. Ramdan Mohd. Ali, 24, dan seorang lagi yang masih bebas merompak Yeo Chai Nee, 32, dan mengambil kamera digital Sony, kunci kereta Toyota Vios, telefon bimbit Nokia, wang tabung RM600 milik mangsa yang kesemuanya dianggarkan bernilai RM1,200.

Kejadian didakwa berlaku di Jalan AG 1/4 Astana, Gombak dekat sini pada pukul 4.30 pagi, 17 Mei 2012.

Pendakwaan dibuat mengikut Seksyen 395/397 Kanun Keseksaan yang memperuntukkan hukuman penjara sehingga 20 tahun dan sebatan.

Pada 12 September lalu, Manira menjatuhkan hukuman penjara empat tahun dan sebatan empat kali terhadap Mohd. Ramdan yang turut mengaku bersalah atas tuduhan itu.

Namun bagi Firman, Manira memberikan bon jaminan berkelakuan baik selama dua tahun dengan cagaran RM5,000 berserta seorang penjamin mengikut Seksyen 293(1)(b) Kanun Tatacara Jenayah dan sebatan ringan dua kali mengikut Seksyen 2(1)(c) kanun sama.

Sementara itu, pada 2 September lalu, Mohammad Talip dan Hazmirul diberikan bon jaminan berkelakuan baik selama 12 bulan dengan cagaran RM5,000 berserta seorang penjamin dan sebatan ringan dua kali mengikut seksyen-seksyen yang sama.

Pendakwaan dikendalikan oleh Timbalan Pendakwa Raya, Nadiah Malek Fauzie manakala Firman diwakili peguam bela Vasu Dev.

Peguam Mohd. Riza Zakaria mewakili Hazmirul dan Muhammad Talip.

© 1997-2013 UTUSAN MELAYU (M) BERHAD

UK flag US flag English translation:

Three young offenders whipped

By Siti Nooralina Ahmad

KUALA LUMPUR, Sept 27. - Three young offenders who pleaded guilty to robbery learned a very useful lesson when they were caned in front of family members and the public in Ampang Sessions Court here today.

They each received two strokes by officers from Kajang Prison in front of Judge Manira Mohd Nor, witnessed by family and parents of the three teens, journalists and the general public in the public gallery of the court.

The three teenagers were Firman Shah Marzuki, 21, who works as personal trainer at a gym, Mohammad Talip Abd Kadir, 19, and Hazmirul Zulkafli, 19, both mechanics.

They each appeared calm when ordered to bend over a table at the front of the court, facing the public gallery, to be whipped with a cane about one meter long.

The court had first asked the doctor in attendance to check the health of the three young offenders before the caning was carried out.

After the three of them were certified healthy, Hazmirul was the first to be punished followed by Firman and then Mohammad Talip, witnessed by their parents and their family members, who were asked to stand behind them.

Manira then advised the three young offenders not to repeat the same mistakes in the future and to choose their friends wisely.

"The Court hopes the families will keep a closer eye on the activities of their children to stop them getting involved in crime. Today the court is giving them a chance because they are young offenders.

"This is only a mild caning, imagine what a real caning given in prison would be like," she said.

They had previously pleaded guilty to a group robbery of a woman with a knife a year ago.

All three were charged along with Mohd. Ramdan Mohd Ali, 24, and another still at large, with robbing Nee Yeo Chai, 32, and taking a Sony digital camera, car keys for a Toyota Vios, a Nokia mobile phone, and RM600 cash belonging to the victim, totalling an estimated RM1,200.

The offence occurred at Jalan AG 1/4 Astana, Gombak at 4.30 am on May 17, 2012.

The charges were brought under Section 395/397 of the Penal Code, which carries a jail term of up to 20 years and whipping.

On 12 September, Manira sentenced Mohd. Ramdan, who also pleaded guilty to the charges, to four years in prison and four strokes of the rotan.

As regards Firman, Manira ordered him to give a pledge of good behaviour for two years with security of RM5,000, together with one guarantor, in accordance with Section 293(1)(b) of the Criminal Procedure Code, and sentenced him to receive two strokes of the light cane under Section 2(1)(c) of the same law.

Meanwhile, on September 2, Mohammad Talip and Hazmirul had given a pledge of good behavior for 12 months with security of RM5,000, together with one guarantor, and been sentenced to two strokes of the light cane under the same sections.

The prosecution was conducted by Deputy Public Prosecutor, Nadiah Malek Fauzie, while Firman was represented by counsel Vasu Dev.

Counsel Mohd. Riza Zakaria represented Hazmirul and Muhammad Talip.

© Utusan Meleyu (M) Bhd



blob RELATED VIDEO CLIP

Short extract from a local video segment in Malaysia (27 September 2013) covering the above case. The three caned boys are seen in the corridors of the court building.

HERE IS THE CLIP:

IMPORTANT: Copyright in this video material rests with the original copyright holders. This brief excerpt is reproduced under the "fair use" doctrine EXTERNAL LINK: opens in new window for private, non-profit, historical research and education purposes only. It must not be redistributed or republished in any commercial context.

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