KOTA KINABALU: The High Court here set aside a 21-year-old local man’s conviction and sentence of 18 months’ jail for robbery and ordered the case to be remitted to the Sessions Court for a re-trial.
Justice Ravinthran N Paramaguru yesterday allowed an appeal by Mohd Fadhlee Ismail, 21, against his conviction and the sentence imposed by the Sessions Court here four months ago.
In his decision, Ravinthran among others ruled that the robbery charge against the appellant was defective and subsequently ordered the case to be remitted to the lower court for a re-trial.
Earlier counsel Hamid Ismail, who acted for the appellant, told the court that the charge against his client was defective and the latter had pleaded guilty to the defective charge.
He submitted that the lower court had viewed the charge as robbery under Section 392 of the Penal Code.
However, Hamid said that there was no element of robbery in the charge as it stated that the appellant had committed a theft which is an offence under Section 379 of the Penal Code.
Hamid further submitted that the appellant’s guilty plea was conditional as he thought he would not be sentenced because the complainant in this case had withdrawn his police report and they had settled the matter amicably.
He pointed out that the lower court judge was wrong when he continued to accept the appellant’s guilty plea although the latter had mentioned about the withdrawal of the police report.
Hamid also pointed out that the custodial sentence imposed on the appellant was manifestly excessive on grounds that he was 18 years old when he committed the offence and he was also a first offender.
Deputy public prosecutor Ahmad Nazneen Zulkifli also conceded that the charge against the appellant was defective because of the wrong use of word.
The Sessions Court had on July 23, this year sentenced the appellant to 18 months’ jail after he pleaded guilty to the robbery charge under Section 392 of the Penal Code which provides a jail term of up to 14 years and is also liable to a fine or whipping upon conviction.
The charge stated that the appellant had stolen a silver chain and a silver ring belonging to one Ag Mohd Hazrul Mohd Yamin, 19, at a stairs near Cyber Tech Net shop in Papar Plaza Papar about 5pm on October 17, 2009.
The appellant was however granted stay of execution on August 13, pending appeal at the High Court. He was then
released on RM3,000 bail, RM1,500 to be deposited with two local sureties pending disposal of the case.