KOTA KINABALU: The High Court here yesterday dismissed the appeal by a local man against his five-year jail sentence and four strokes of the cane for gang robbery.
Justice Datuk David Wong Dak Wah affirmed the sentence imposed by the Sessions Court on Samsul Bahrin after hearing submissions from the latter and deputy public prosecutor Uma Devi Balasubramaniam.
David concurred with the respondent that the appellant had committed a serious offence and public safety any time of the day should be taken into account in meting out the penalty for the crime.
He said justice was not only for the accused but also for the society.
Samsul was sentenced by the Sessions Court on August 28 last year after he pleaded guilty to robbing one Vidy Jindili, 60, of RM3,000 and a cellphone at knife-point.
He committed the offence with an accomplice who is still at large about 3am on August 11 last year.
He was charged under Section 395 of the Penal Code which provides for a jail term of up to 20 years and whipping.
Earlier in pleading for leniency, the appellant asked for his jail term to be reduced.
On the other hand, Uma urged the court not to disturb the decision of the Sessions Court on the grounds that the appellant has a previous conviction and that he has committed a serious offence.
“The court should also take into account the gravity of the offence and the facts of the case where the appellant had committed the offence about 3am early in the morning in a public place using a weapon,” she said.