Justice Aslam Zainuddin, who conducted a revision proceeding under Section 323 of the Criminal Procedure Code, said the custodial sentences were imposed after hearing submissions from both defence lawyers and the prosecution.
“This sentence is in addition to the punishment meted out by the magistrate,” he said.
Defence lawyer Damien Chan applied for a stay of sentence pending an appeal to the Court of Appeal.
“The respondents now need to obtain leave to appeal to the Court of Appeal. Be that as it may, they can file a written application to this court,” the judge said.
Aslam also issued a warrant of arrest against A Ganasan, who failed to turn up for the proceedings despite being informed.
On April 10, the magistrates’ court fined 32 of the accused RM3,000 each after they pleaded guilty. Two 19-year-olds were fined RM2,000 each for the same offence. All paid their fines.
However, the High Court called for a revision to determine the correctness, legality and propriety of the sentencing under Section 323 of the CPC.
The 34, aged between 19 and 57, were charged with having various weapons, including firearms, ammunition, explosive and flammable substances, and sticks and stones, which could be used to carry out attacks, at an entertainment outlet in Cheras on April 5.
The charge was framed under Section 148 of the Penal Code, which provides for a penalty of up to five years’ imprisonment, a fine, or both, upon conviction.
Deputy public prosecutor Nordin Ismail said that a fine alone was manifestly inadequate as the offence involved dangerous weapons.
“Public interest demands that their sentence be enhanced, more so since dangerous weapons were used in the crime,” he said.
Chan, however, urged the court to maintain the sentence imposed by the magistrate as no one was injured in the incident.
“They also pleaded guilty at the earliest opportune time and have expressed remorse,” he said, adding that there were discussions on compensation to the entertainment outlet operator.
Counsel Baljit Singh Sidhu, who held a watching brief for Bao Li Jin Sdn Bhd, the company that operates the outlet, said the law must regulate society.
“What happened on the day of the incident was a systematic and structured plan that sent a shiver down the society at large,” he said.
Baljit also said a stiffer sentence would send a clear message to potential offenders, noting that business rivalry was not an excuse for violence or property damage.