Appeals court upholds jail sentence, whipping on factory worker for robbery, theft


THE Court of Appeal today upheld the nine-year prison sentence and four strokes of the cane meted out on a former factory worker who pleaded guilty to three counts of robbery and theft at three convenience stores in Johor Baru two years ago.

A panel of three judges led by Hanipah Farikullah unanimously dismissed the appeal by Ahmad Sadeli Mohd Ali, 32, for his sentence to be reduced.

“After examining the facts of this case, we find that a three-year prison sentence for each charge is not heavy.

“Therefore, the decision made by the High Court judge regarding the prison sentence is correct, and the whipping sentence is upheld. As such, the appeal is dismissed, “ said Hanipah who sat with judges Wira Ahmad Nasfy Yasin and Lim Chong Fong.

On the first and second count, Sadeli was charged with robbing two convenience stores of RM747, a mobile phone and two boxes of Dunhill Red Classic cigarettes while armed with a knife in Taman Tiram Baru, Ulu Tiram and Taman Mesra, Seleng in Johor Baru, at 10.30am and 11.05am on December 19, 2021.

He was also charged with stealing RM150 and a mobile phone belonging to a woman at a convenience store in Taman Nusantara, Gelang Patah, Johor Baru at 3.30am on December 4, 2021.

The charges, framed under section 392 of the penal code and read together with section 397 of the penal code, provide a maximum prison term of 14 years and is liable to fine or whipping, if found guilty.

On December 28, 2021, the Johor Baru Sessions Court sentenced him to three years in prison and given two strokes of the cane for robbery, as well as three years in prison for theft. He was ordered to serve the jail sentences consecutively.

He appealed and on June 27, 2022, the Johor Baru High Court upheld the sentences.

In today’s proceedings, the prosecution was handled by deputy public prosecutor Wong Poi Yoke while lawyer Bustaman Menon Abdul Hamid represented Sadeli. – Bernama, February 16, 2023.


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