
Mohamad Hassan @ Malek, 41, will lose his job and pension following the custodial sentence.
A three-member bench chaired by Justice Hanipah Farikullah dismissed the leave application as Mohamad came to the court only to appeal against his sentence.
Deputy public prosecutor Fairuz Johari submitted that Mohamad could obtain leave only if he was also appealing against his conviction as well.
The bench, also consisting of Justices Hadhariah Syed Ismail and Azman Abdullah, agreed and issued a warrant of committal for Mohamad to begin his jail term.
He was released on a RM10,000 bail pending the outcome of today’s hearing.
Mohamad was charged with committing the offence by entering the house of Sugaida Sulaiman, 46, at Sungai Sireh in Tanjong Karang, Kuala Selangor, at about 4.30am on Feb 12, 2019.
The offence carries a jail term of up to three years or with a maximum fine of RM5,000, or both.
On April 20 last year, a magistrate fined Mohamad RM3,500 and ordered him to pay another RM500 in costs to the prosecution.
The prosecution appealed against the inadequacy of the sentence.
Mohamad did not file any appeal against his conviction or sentence.
Earlier this year, the High Court imposed the jail term, but maintained the fine and the costs payable.
The prosecution had called five witnesses while Mohamad was the only witness for the defence.
The facts of the case revealed that Mohamad had entered a room and covered Sugaida’s mouth with his hand. This led to screams from the widow’s 10-year-old daughter.
Mohamad, who was represented by Maidzatul Akmal Daud, later fled the scene, but was arrested after Sugaida made a police report at 8am on the same day.
The prosecution said the victim was traumatised as a result of the incident.