Ex-contractor wins appeal to reduce jail term, whipping for gang robbery

Ex-contractor wins appeal to reduce jail term, whipping for gang robbery

Court of Appeal rules sentence imposed by Sessions Court was manifestly excessive based on the facts of the case.

The charges against the accused were amended to gang robbery as he was not in possession of a weapon.
PUTRAJAYA:
A former contractor today won his final appeal to have his jail term and whipping reduced for committing two counts of gang robbery five years ago.

The Court of Appeal reduced Ahmad Faizal Ali Haidzir’s sentence to six years’ imprisonment and a stroke of the rotan for each of the offences committed against two siblings in Besut, Terengganu in 2017.

Faizal, 29, will only serve six years as the jail term is to run concurrently but will be whipped twice.

The Kuala Terengganu Sessions Court in 2019 sentenced him to 10 years’ jail and ordered him to be given three strokes of the rotan after he was found guilty.

A three-member bench chaired by Hanipah Farikullah today said the sentence was manifestly excessive based on the facts and circumstances of the case.

“This is not in line with the current sentencing trend for the offence,” said Hanipah, who sat with Ahmad Nasfy Yasin and Che Mohd Ruzima Ghazali.

Faizal, together with Wan Razali Wan Hussin, was initially charged with committing armed robbery on Sok Lian Gi by taking her phone and RM2,381 in cash.

Both also committed a similar offence on her sibling Sok Rong Jie by taking her phone and RM81 in cash.

The offences were committed at the Duriamas Jaya sawmill in Besut at about 4.45pm on May 24, 2017.

Wan Razali, who was armed with a toy pistol during the robbery, was also sentenced to six years’ jail but ordered to be whipped six times for each count.

However, Faizal’s charges were amended to gang robbery as he was not in possession of a weapon.

Today, his lawyer Usha Kulasegaran submitted that the 10-year jail term and three strokes of rotan for each of the offences were harsh.

She said Faizal did not create any element of fear in the victims when participating in the crime.

Deputy public prosecutor Aidah Khairuleen Azli said the current sentencing trend for gang robbery is six years but the public interest should take preference in determining the measure of punishment.

The maximum jail term for gang robbery is 20 years plus whipping.

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