KOTA KINABALU: The High Court here yesterday dismissed an appeal by the prosecution against the sentence of a local man, who was convicted of committing forgery for the purpose of cheating.
Justice Chew Soo Ho made the decision on Marcellus Mobilik, 46, who was jailed for one week and fined RM8,000, in default, two months’ jail by the lower court on March 27, 2013.
The subordinate court had also ordered the respondent to pay a RM10,000 compensation to the victim.
Marcellus who was represented by counsel Erveana Ansari, was found guilty of forging the signatures of his 55-year-old brother, John, and one Ramdi Indang on a Memorandum of Transfer of a land document at the Penampang Land and Survey office on June 26, 2005.
He was convicted under Section 468 of the Penal Code which carries a jail term of up to seven years and is also liable to a fine, upon conviction.
In his decision, the judge held that the learned magistrate had not erred in law in passing a lenient sentence on the respondent taking into consideration the facts of the case.
“By virtue of the exhibit P30, which is the land grant, proper investigation had been carried out. In the circumstances, I do not find the sentence was inadequate,” Chew ruled in dismissing the appeal by the prosecution to have the sentence enhanced.
“Since the respondent had served his jail term and paid the fine as well as the compensation, then the respondent is free to go now,” the judge added.