13th January, 2017
KOTA KINABALU: A 30-year-old man will spend the next 10 years behind bars for committing armed robbery.
Herman Nasir, will also be whipped twice after he pleaded guilty to the crime allegedly committed with an accomplice, Ismail Mohd Mansur, 18 who denied any wrongdoing.
Sessions Court Judge Noor Hafizah Mohd Salim fixed Feb 2 for pre-trial case management against the unrepresented Ismail and ordered him to be remanded under Section 259 of the Criminal Procedure Code.
Earlier, the court heard that both men robbed an Orange convenience store of two boxes of Dunhill cigarettes, two packets of snacks and a bottle of Miranda at Menggatal Plaza at 8.49pm on Dec 17 last year. The duo had used two axes to threaten a male employee.
The offence, framed under Section 395/397 of the Penal Code, provides for a jail term of up to 20 years and whipping, on conviction.
In seeking for leniency, Herman through his counsel Goldam Hamid told the court that he was raised by a single mother with his five siblings.
Goldam argued that his client was not a typical criminal and had only robbed goods worth about RM80.
He said if the accused is a hardcore criminal he would be robbing cash.
Goldam added that axes used were only to intimidate the victim but no injuries occurred.
In reply, deputy public prosecutor, Dinesh Raja urged for a deterrent sentence to be imposed considering the seriousness of the offence and the gravity which is reflected when the accused used the axe.
He said the punishment should be a lesson for the accused and the public at large. – NEDM