KOTA KINABALU: The High Court here yesterday upheld a local man’s three years’ jail and a RM2,000 fine, in default, 60 days’ jail for assisting in disposing of stolen items.
Chief Justice for Sabah and Sarawak Tan Sri Richard Malanjum, who sat as a High Court judge, dismissed an appeal by Mohd Nizarudin Jaimi, 23, who was defended by counsel Norlaily Anwar yesterday.
“I dismiss the appeal as in my view there is no reason to disturb the subordinate court’s finding and as for the sentence, I agree with the deputy public prosecutor (DPP) that the sentence is not excessive. Therefore, the appeal against sentence and conviction is dismissed,” Malanjum held.
Mohd Nizarudin was appealing against his conviction and sentence passed by the Magistrate’s Court here on Oct 28, 2011 after he was found guilty of concealing the stolen items, namely four tyres and four car rims at a workshop in Likas on Jan 17, 2011.
The appellant (Mohd Nizarudin) was convicted under Section 414 of the Penal Code which carries a maximum jail of seven years and a fine, upon conviction.
Earlier, Norlaily submitted that the exhibits produced in the court did not match with what was stated on the charge against her client.
She also said that the learned magistrate got it wrong when she failed to consider that the appellant had no knowledge they were stolen items.
Norlaily further submitted that during the defence stage, the appellant testified that he sold the items on behalf of one Nazri and got RM200 commission and prosecution witness four (PW4) had testified that he did not know that the goods, which he bought from the appellant were stolen goods.
The counsel then urged the court to set aside the custodial sentence and substituted it with a good behaviour bond.
In reply, DPP Monica Linsua who acted for the respondent, submitted that during the prosecution’s case Nazri was not proven to be a supplier of those items.
Linsua who urged the court not to disturb the sentence, further submitted that the sentence was not manifestly excessive.