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Jail, whipping for armed robbery

7th May, 2016

KOTA KINABALU: A 28-year-old man was sentenced to eight years’ imprisonment and ordered to be whipped three times after he was found guilty of committing an armed gang robbery.

Mohd Khairul Fadzly Mohd Zaini will run his custodial sentence from the date of arrest on Dec 16, 2014.

Judge Indra Hj Ayub meted out the punishment on Khairul after ruling that the accused failed to cast a reasonable doubt on the prosecution’s case.

The court held that the defense is merely a denial and that the accused was successfully identified by the victim during the identification parade.

Khairul together with an accomplice who is still at large had threatened a Pakistani man, Noor Zaman Sawab Gul with a machete and this had forced the victim to hand over RM1, 000 to the accused on Sept 27, 2014 at 5pm.

He was convicted under Section 395/397 of the Penal Code which provides for imprisonment of up to 20 years and is also liable to be whipped.

During mitigation, counsel Farazwin Haxdy urged for leniency as she said the accused is a first time offender and has dependents. She also told the court that the amount involved is RM1, 000 and there was no violence used.

Deputy Public Prosecutor Mohd Khairuddin Idris however pressed for a deterrent sentence as he said the offence is serious and that the accused had gone through a full trial which showed that he is not remorseful.

He also highlighted that the offence is quite rampant. – ECA

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