KOTA KINABALU: The High Court yesterday set aside a RM100 fine, in default five days’ jail, imposed on a local man for possessing a homemade gun (bakakuk) and increased the fine to RM1,000, in default two weeks’ jail.
Justice Dato’ Abdul Rahman Sebli allowed the prosecution’s appeal against the fine imposed by the Magistrate’s Court on Vimol Sigam, 28.
Abdul Rahman held that the original sentence imposed by the lower court was not reflective of the seriousness of the offence which carries a maximum penalty of up to seven years’ imprisonment, or a fine of up to RM10,000, or both, upon conviction.
He however said that consideration had to be taken into account of the fact that the respondent himself was seriously injured by the gun.
Abdul Rahman pointed out that had it not been for the injuries sustained by the respondent, he would not have hesitated to impose a jail sentence since the punishment imposed by the lower court was manifestly inadequate for this type of offence and should therefore be not allowed to stand.
The Kota Belud Magistrate’s Court had on June 26, this year imposed the RM100 fine on Vimol after the latter pleaded guilty to the offence framed under Section 8 of the Firearm Act 1980.
Vimol admitted to possessing the bakakuk without a licence or a permit about 5pm on March 11, this year, at a hut in Kampung Kiau Teburi, Kota Belud.
Earlier in appealing against the sentence imposed by the subordinate court, deputy public prosecutor Uma Devi Balasubramaniam told the court that the sentence would send a wrong message to the public.
“The fine is too lenient as it does not reflect the gravity and seriousness of the offence,” she said adding that such an offence is rampant especially in rural areas.
She also told the court that the respondent was also seriously injured by the gun.
Vimol, who was unrepresented, however urged the court to maintain his sentence on grounds that the incident has affected his source of income.
He admitted that after the incident he had never taken the gun out of his house and claimed that the weapon was used for the protection of his crops.