KOTA KINABALU: A restaurant worker was sentenced to eight years’ jail and three strokes of the cane by the Sessions Court here yesterday for robbery and causing injury to a 49-year-old woman.
Judge Azhaniz Teh Azman Teh passed the sentence on Shernan Frazier, 21, after the latter pleaded guilty to the offence.
The accused, with an accomplice, were charged for robbing a 49-year-old woman of her handbag which contained a mobile phone, documents, and RM2,500 cash, with a total loss of about RM3,000.
While committing the offence, the accused was also said to have caused injury on the victim who sustained a cut on her chin by a knife the accused had used to threaten her before grabbing the handbag from her.
The offence, under Section 395/397 of the Penal Code, carries an imprisonment of up to 20 years and whipping, upon conviction.
According to the facts of case, on May 22, at 12.30pm, at the parking space behind Bank Simpanan Nasional, Jalan Kepayan, the complainant was on her way to her vehicle after withdrawing cash from BSN when the two suspects, including the accused, on a motorcycle approached her.
The accused then got off the motorcycle and walked towards the complainant and pointed a knife at the latter’s neck. The complainant sustained a cut on her chin when the accused tried to grab her handbag.
The accused and his accomplice then fled using the same motorcycle towards the main road, while the complainant shouted for help.
The complainant was then treated at the Queen Elizabeth Hospital and received three stitches for the injury on her chin.
During mitigation, the accused pleaded for a lenient sentence on the grounds that he was “not completely himself” when the offence was committed.
However, the prosecution rebutted, pointing out the rampancy of such offence and that heavier sentence should be imposed to deter would-be offenders.
Meanwhile, the court fixed June 12, for re-mentioning of the case of Mohd Fairul Abd Razak, 20, after he pleaded not guilty to the same charge.
The court ordered for Mohd Fairuz to be remanded under Section 259 of the Criminal Procedure Code for not possessing a valid identification document.
Deputy Public Prosecutor Dominic Chew Ban Huat prosecuted.