KOTA KINABALU: A 31-year-old man was sentenced to 10 years in jail and ordered to be given two strokes of the cane for robbing a convenience shop while armed with axes.
Herman Nasir, who was brought before judge Noor Hafizah Mohd Salim, pleaded guilty to a joint charge under Section 395 and read together under Section 397 of the Penal Code.
The indictment provides for a jail term of up to 20 years and also liable to whipping, upon conviction.
He committed the offence with an accomplice at the Orange 24-hour shop in Manggatal Plaza here at 8.49pm on December 17, 2016 and robbed two packets of cigarettes, two packs of crackers and a bottle of soft drink.
During the committal of the offence, Herman had used two axes to threaten one Hairy Lounsin, 22.
In mitigation, counsel Goldam Hamid, who represented the accused, prayed for the court to impose a lenient sentence on his client on the grounds that he had pleaded guilty and remorseful for what he had done.
He said that the items robbed were worth RM18 only and the accused would have taken more than that as cash was available at the counter if he was a typical criminal.
Goldam also said that the axes were only used to scare the complainant (Hairy) and no harm was occurred.
Deputy public prosecutor Dinesh Raja replied that it was a serious offence and the seriousness as well as the gravity of the offence reflected in the axes used against the complainant.
So he urged the court to impose a deterrent sentence against the accused to serve as a lesson towards the public.
Based on the facts of the case, a police team caught two men at Kampung Rampayan and Kampung Darau in Manggatal, who were involved in a gang robbery at the Orange Shop, on January 5.
Meanwhile, in the same case, 19-year-old Ismail Mohd Mansur pleaded not guilty before the judge to committing the same offence together with Herman at the same place and time.
The court fixed February 2 this year for Ismail’s pre-trial case management. The accused was also ordered to be further detained under Section 259 of the Criminal Procedure Code, pending disposal of the case.