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MALAYSIA
Judicial CP - February 2017



Corpun file 26522 at www.corpun.com

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The Borneo Post (Sabah edition), Kuching, 18 February 2017, p.6

Young robber jailed 15 years, caned

By Safrah Mat Salleh

(extract)

KOTA KINABALU: A 21-year-old man was sentenced to 15 years' jail and two strokes of whipping by the Sessions Court here yesterday for robbery.

Judge Noor Hafizah Mohd Salim made the decision on Alif Hussein after he pleaded guilty to a charge under Section 394 of the Penal Code when his case came up for a pre-trial case management yesterday.

The indictment carries a jail term of up to 20 years with a fine or whipping, upon conviction.

Alif robbed two men and took China and Singapore currencies worth a total of about RM15 at a house at Jalan Kampung Tanjung Aru Tengah at 2am on January 8.

He also voluntarily caused hurt to a 52-year-old man when committing the offence.

The complainant told the court that he felt insecure living in the house since the incident happened.

He added that he was angry as he was scared as well as traumatized and was unable to fall asleep in the house.

In mitigation, the unrepresented accused told the court that it was his first offence and that his parents were not living here, and that he came to the city just to look around.

In reply, deputy public prosecutor Dinesh Raja urged the court to impose a deterrent sentence on the accused on the grounds that he had committed a serious offence and caused injury to other people.


Click to enlarge

Based on the amended facts, the complainant had gone downstairs after being awakened by a dog's bark, and found that the light in her mother-in-law's room was switched on even though the latter was not there.

The complainant then found a man (the accused) rummaging through the belongings in the room and a struggle ensued as the accused was in a state of panic.

The struggle ultimately led to the accused hurting the 52-year-old man (the victim) with a pair of scissors.

Witnesses, including the complainant and the victim, who were in the house, recognized the face of the accused.

[...]

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