A three-member Court of Appeal bench chaired by Abdul Karim Abdul Jalil also used their discretion under the law to order Rezwan Zuhaimi to be whipped four times.
“We have considered the public prosecutor’s appeal and found the sessions court and the High Court had committed an error in law in imposing a lighter sentence,” said Karim.
He said the incidents involving Rezwan took place at different times and the victims were different people.
“We find the lower courts did not use their discretion judiciously in imposing a deterrent sentence when such crimes are rampant of late,” said Karim, who sat with judges Ahmad Nasfy Yasin and Nazlan Mohd Ghazali.
He said this was also a “fit and proper” case to impose whipping.
The prosecution, represented by deputy public prosecutor Zaki Ashraf Zubir, had appealed against the sentence of three years’ jail for each of the offences that were to run concurrently, meaning Rezwan would only serve three years.
It wanted the court to impose jail terms that run consecutively.
Rezwan, who was armed with a parang, committed the offences in Seremban between Nov 1 and 14, 2019.
On the first count, he robbed Nureirana Muhammad Taufed at a 24-hour convenience store at Jalan Tuanku Antah and fled with cigarettes worth RM336.26.
On the second count, he robbed Naqi Fitri Sahudin at another convenience store at Jalan Tun Dr Ismail and fled with cookies and cigarettes valued at RM376.10.
On the third count, he robbed Khairunnisa Azman at the same store at Jalan Tuanku Antah and fled with RM150.
On the final count, he robbed Ahmad Md Foysal at a convenience store at Jalan Tuanku Munawir and escaped with food items and RM458.75.
On Nov 26, 2019, the sessions court sentenced him to a year’s jail on each count and ordered the custodial sentence to run concurrently.
Following an appeal by the prosecution, the High Court enhanced the jail term to three years which were also to run concurrently.
Rezwan’s lawyer, M Joseph, who was appointed by the National Legal Aid Foundation, asked for the sentence to be maintained so that his client could be released from jail next week.
Zaki submitted that the High Court had erred in law to impose a concurrent jail term as Rezwan was armed with a parang.