KOTA KINABALU: Two men were sentenced to 14 years’ imprisonment and ordered to be given two strokes of the cane by the Sessions Court yesterday for gang robbery.
In her reserved decision, judge Azreena Aziz found Ferdenand Felix Jipony and Fernandez D Mathews, both 32, guilty after the prosecution established that both men were guilty of the offence at the end of the trial.
Both men were found guilty of snatching a bag on July 7, last year at a parking lot in Asia City around 2.30pm.
The handbag belonged to a 27-year-old woman and contained three cell phones, several claim receipts and two cell phone back-up batteries.
Gang robbery is an offence framed under Section 395 of the Penal Code and is punishable with a maximum jail term of 20 years and includes whipping.
Ferdenand and Fernandez were represented by counsel Tengku Fuad Ahmad and Henry Gudid.
During mitigation, Henry informed the court that Ferdenand and Fernandez had assisted the police during the investigation.
However, deputy public prosecutor Dominic Chew Ban Huat urged the court to mete out a deterrent sentence, telling the court that gang robbery cases were on the rise.
He added that the fact that both men had committed the crime shortly after being released from prison showed that they did not show any remorse.
Dominic then tendered the victim’s impact statement, where the victim stated that she was traumatized by the incident and suffered light wounds, while stating that she was now afraid of being alone and was carrying a can of pepper-spray for protection.
He also proposed a sum of money to be paid to the prosecution for the cost of the prosecution as well as compensation for the victim.
Azreena allowed a sum of RM10,000 to be paid to the prosecution and the victim, in default, four months in prison.
Meanwhile in a separate case, the same court sentenced 24 foreigners between the ages of 18 and 55 to between four and five months’ imprisonment for illegal entry.
Azreena further ordered several of them to be given one stroke of the cane for the offence which is framed under Section 6 of the Immigration Act and is punishable with a maximum fine of RM10,000, a prison term up to six years and not more than six strokes of the cane.
They were also ordered to be referred to the Immigration Department for further action after they have completed their sentence.
Assistant Superintendent Sabrina Jinnus acted for the prosecution.