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Judicial CP - July 2011

Corpun file 23386


The Borneo Post, Kuching, 1 July 2011

Man gets 12 years' jail, six strokes for gang robbery

By Anasathia Jenis and Nurul Amarlina

KUCHING: An unemployed man from Serian was yesterday sentenced to 12 years' imprisonment and six strokes of the cane after he was found guilty of gang robbery by the Sessions Court.

The accused Teo Song Hua, 25, appeared before Judge Timothy Finlayson Joel who ordered the jail term to take effect from the date of his arrest.

The court ruled that the prosecution had established a prima facie case against him.

Teo appeared calm when the sentence was delivered.

He robbed Junnies Gara, 34 of a CCTV decoder, 61 pieces of Maxis, Digi and Celcom reload coupons, RM1,200 in cash and a wallet containing RM50 cash, driving licence and IC.

He committed the offence with one person still at large at a hotel at Ban Hock Road at about 5.15am on Jan 2 this year.

They had used a parang to threaten the complainant Junnies, uttering the words: "I will kill you".

The offence comes under Section 395 of the Penal Code which carries a maximum penalty of 20 years' imprisonment and whipping.

In his defence, Teo told the court his intention was only to borrow RM30 from Junnies which he promised to return soon. But the court refuted this, saying there was corroborative evidence that he was guilty as charged.

In passing sentence, Timothy said: "The weapon (parang) used in the offence was an aggravating factor and the case is premeditated crime.

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"He had also been giving death threats and this caused fear to the complainant," he said, adding his decision took into consideration the offence was committed in a public place.

Apart from that, the accused's mitigation failed to persuade him to pass a lighter sentence, the judge said.

Teo had mitigated that his wife and two children were waiting for him back home.

Meanwhile, DPP Poh Yih Tinn, who prosecuted asked for a deterrent sentence, considering the nature of the offence and as a warning to others.

Copyright 2010-2011 BorneoPost Online. All Rights Reserved.

Corpun file 23405


The Borneo Post, Kuching, 8 July 2011

Youth jailed 3 years for injuring friend

KUCHING: A 19-year-old youth from Kampung Sungai Tapang broke into tears when he learnt that he was sentenced to three years' imprisonment and three strokes of the rotan for injuring his friend with a nail file.

Sessions Court Judge Afidah Abdul Rahman convicted Vostylie Unun Sampol after he pleaded guilty to the charge under Section 326 of the Penal Code which provides a maximum penalty of 20 years' imprisonment and whipping upon conviction yesterday.

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Vostylie admitted to have caused hurt to his friend, Matius Loven Segaya, 20, at about 4am on July 3 at their village.

The victim's father lodged a police report that his son was poked with the nail file on the right side of the rib.

Following the report, the accused was picked up from the village at 8.20am on the same day.

Initial investigation also indicated that the suspect admitted he had committed the offence.

The victim was seriously injured.

In mitigation, Vostylie pleaded remorse and promised not to repeat the offence.

ASP Carl Patrick Ramesh requested for deterrent punishment considering the serious nature of the offence and degree of the victim's injuries.

Moreover the incident took place in public, he added.

Copyright 2010-2011 BorneoPost Online. All Rights Reserved.

Corpun file 23415


The Borneo Post, Kuching, 27 July 2011

Jail, rotan for habitual offender with six convictions

KOTA KINABALU: The Sessions Court yesterday jailed a former convict for eight years and ordered him to be whipped thrice for committing armed robbery.

Judge Duncan Sikodol meted out the sentence on Andy Abdul Gaib, 29, after he decided to change his not guilty plea to one of guilty under Section 395/397 of the Penal Code, when the case came up for trial yesterday.

The offence carries a maximum jail of 20 years and also liable to whipping upon conviction.

Earlier, the accused sought protection from the court to prevent any prison wardens from torturing him as he is in the prison to serve his sentence.

In the open court proceedings, the accused explained that he had heard from several prison wardens while he was incarcerated before that one of the victims whom he had robbed has blood relation with a prison warden.

Andy, who had intended to plead guilty to the charge earlier, changed his mind as he was afraid that he might be tortured by the prison warden.

The court had called one of the prison wardens to explain this matter yesterday.

The warden denied having uttered such a thing to Andy and he had no idea who the prison warden was referred to by the accused.

"I don't know which warden he meant, he mentioned this name and that name ....," the warden said.

Sikodol reminded the warden that if the accused was sent to jail, the warden would have to ensure that the matter will not happen again.

The judge warned that if the same thing happens again in the future, the matter will be brought to the court.

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The unrepresented Andy who has six previous convictions, admitted to robbing a 23-year-old local man of RM443 in cash and a cellphone using a machete at a grocer's shop in Penampang on April 26.

The facts of the case stated that on April 27 this year the complainant had lodged a report saying that his shop had been robbed by an unknown intruder who was armed with a machete.

On June 15 this year, an identification parade was held and the complainant had positively identified the accused as the robber.

During investigation, Andy also confessed that he was the one who had robbed the complainant's shop.

In pleading for a lighter sentence, Andy said that he has parents who still needed him and he was afraid that if the court sentenced him to lengthy jail, he would not be able to see his parents anymore.

Deputy public prosecutor Luke Ressa Balang pressed for a heavier sentence as this was a serious crime rampant in Sabah.

In urging the court to impose a deterrent sentence, Balang submitted that Andy has six previous convictions for robbery and armed robbery cases and the last he served his jail term was in 2009.

Balang added the accused also has cases pending against him which have yet to be tried.

Copyright 2010-2011 BorneoPost Online. All Rights Reserved.

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