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Judicial CP - June 2003

Corpun file 11340

New Sabah Times, Kota Kinabalu, 7 June 2003

78 months, two strokes for housebreaking spree

Off to prison... Rosli being escorted to prison after the sentence.

KOTA KINABALU: An unemployed local was yesterday jailed a total of 78 months and given two strokes of the cane by the Magistrate's Court here after pleading guilty to three counts of housebreaking and theft.

Magistrate Aminuddin Mustaffa sentenced Rosli bin Oyoh to 18 months' jail for the first count, 24 months' jail for the second count, and 36 months' jail for the third count.

Aminuddin also ordered Rosli to be given two strokes of the cane for the third count, and fined him RM500 in default a months' jail for the second count.

The jail terms were ordered to run concurrently from Rosli's date of arrest and for him to be placed under police supervision for two years after serving his term.

In the first count Rosli from Kg. Likas admitted to breaking into the house of Chin Wong Foo, 46, at No. 53, Lot 110, Lorong Raja Udang 2B in Taman King Fisher, Likas on April 5 this year.

Chin, a businessman had reported to police that somebody had broken into his house stole his wallet containing RM4,000 and several documents, two sets of Nokia 3310 handphone and a gold ring, with a total value of RM5,000.

Under interrogation Rosli told police that he had spent the money that he got from selling the stolen handphones and gold ring to an unidentified man.

For the second count, Rosli admitted to breaking into the house of an Assistant Valuer, Norlia Omar, 44, at B-5-26, Lorong Indah Permai 6, in Taman Indah Permai, Sepanggar, Menggatal on May 13 this year and stealing a 16-inch National television, a bag, a pair of Nike shoes, two pair of glasses, a Polo watch and a bunch of keys.

Investigations revealed that Rosli had entered Norlia's house through an unlocked kitchen door and had carted away the items by the same way.

In the third count, Rosli was charged with breaking into the house of Chang Fui Khiong, 27, a UMS student at the University Malaysia Sabah (UMS) hostel also in Taman Indah Permai, at about 3.40am on May 14 this year and stealing a Canon camera, a Morgan and an Alain Delon watches, Nokia 3310 handphone, as well as RM120.

Prosecuting officer, Chief Insp Lim Swee Beng told the court that Rosli was arrested at about 2.30pm in Taman Indah Permai the same day in connection with the housebreaking cases in the area.

Under interrogation, Rosli told police that he had entered Chang's house through an unlocked toilet window and had left through the kitchen door with the items.

According to Lim, all the items stolen from the student were recovered by police together with three items stolen from Norlia following Rosli's arrest.

Roslie was charged under Section 457 of the Penal Code for all three counts, which carries a jail term of up to 14 years, a fine and whipping upon conviction.

Copyright 1999-2000 New Sabah Times.  All Rights Reserved. 

Corpun file 11474

New Sabah Times, Kota Kinabalu, 14 June 2003

Bugis gets two strokes in addition to 18 months' jail

... after prosecution wins appeal in High Court against armed robber

SHAMSIR... unrepentant offender

KOTA KINABALU: The High Court here yesterday ordered a 21-year-old Bugis who was jailed 18 months for armed robbery two years ago, to be given two strokes of the cane in addition to the jail term.

High Court Judge Datuk Sulong Matjeraie imposed the whipping on Shamsir Selamat after allowing the application from the prosecution to enhance sentence and to impose whipping on the convict.

Senior Federal Counsel (SFC) Abdul Rasid Sudin submitted that the 18 months' jail imposed by Magistrate Marlina Ibrahim to Shamsir on Nov 24, 2001, was too lenient.

The SFC said the gravity of the offence and public interests were not considered by the Magistrate when passing the sentence.

Shamsir was charged for robbery at knifepoint, framed under Section 392 of the Penal Code punishable under Section 397 of the same Code, which carries imprisonment up to 14 years, a fine and liable to whipping on conviction.

The Bugis who has been residing in Kg. Lembaga, Inanam, had admitted to the charge of breaking into the house of Chia Hai Huat, a businessman, at Lorong Limau, Kolombong on Nov 16, 2001.

Shamsir and two others who are still at large, stole RM4,300 cash, a National rice cooker, National kettle, a Canon and a Yashica camera, a Seiko wristwatch, and a Rolex wristwatch, with a total value of RM16,840 during the robbery.

He also admitted threatening the businessman's sister-in-law, Arin bte Absara, 23, who was alone in the house, with a cleaver taken from the kitchen during the robbery.

Out of the seven items, police only recovered the Seiko wristwatch and the Yashica camera, according to Abdul Rasid yesterday.

Meanwhile, it was learnt that Shamsir was sentenced to a total of 84 months' imprisonment and also fined RM6,000 in default 10 months' imprisonment on Nov 24, 2001 for a total of four separate offences of robbery, theft and housebreaking.

Magistrate Marlina sentenced Shamsir to 18 months' imprisonment each for the first and second counts, and also imposed a fine of RM1,000 in default two months' imprisonment for the second count.

Shamsir was sentenced to another 24 months' imprisonment each for the third and fourth counts, respectively. He was also fined RM1,500 in default two months' imprisonment for the third count and RM3,500 or another six months' imprisonment, for the fourth count.

For the second count, Shamsir and two others, who are still at large, were charged for stealing two washing machines from a house at Taman Kingfisher at 12am on Oct 30, 2001.

The charge framed under Section 379 of the Penal Code carries a jail term up to seven years, a fine or both on conviction.

In the third count, Shamsir was charged with breaking into Transworld Marine Industries premises in Inanam at about 12am on Oct 13, 2001 where he and his still missing accomplices, stole a cutter, a chain saw, a grinder and a drill.

For the fourth count, Shamsir was charged with breaking into the store of Syarikat Dai Hua Sdn Bhd in Kolombong near here at about 12am on Nov 11, 2001, where they stole four sets of car remote controls.

Magistrate Marlina ordered the four jail terms to run concurrently and ordered Shamsir who has no valid document, to be referred to the Immigration Department after serving sentence.

Copyright 1999-2000 New Sabah Times.  All Rights Reserved. 

Corpun file 11469

Sarawak Tribune, Kuching, 21 June 2003

Five foreigners charged with committing immigration offences

KUCHING - Five foreign nationals were brought to court yesterday after they were arrested for committing some immigration offences. Three Indonesians including a girl were produced before the Sessions Court, charged with illegal entry into the State.

Liliana Engawing, 23, Reboi Gani, 22, and Sukardi Ahwak, 21, were arrested in a farm at Jalan Soon Foh Tang, Serian on June 7 this year at around 1 pm. Reboi and Sukardi were both sentenced to five months jail and two strokes of rattan each while Liliana was sentenced to six months jail. They were charged under Section 6(1)(c) of the Immigration Act 1959/63.

In another case, two Chinese nationals pleaded not guilty to misusing social visit pass after they were found working in the city.

Cheng Ya Jin, 20, and Yu Li Mei, 29, from Fuchow Province, China were arrested inside an entertainment centre at Mile 4 Penrissen Road on June 7 this year at 11.45 pm.The court fixed September 22 this year for the case to be further mentioned.

Copyright 2003 Sarawak Press Sdn. Bhd. All rights reserved.

Corpun file 11494

The Star, Kuala Lumpur, 25 June 2003

Habitual offender gets 10 years for robbing ex-minister

KUALA LUMPUR: The Sessions Court jailed a habitual criminal for the maximum 10 years for committing armed robbery on Tun Fatimah Hashim, the country's first woman minister.

Sessions judge Rajendran Nayagam also imposed six strokes of the rotan on Ahad Abd Wahid, 36, after he changed his plea of innocence to guilty yesterday.

Ahad was to be tried with accomplice, Ramli Che Mat, yesterday for robbing Fatimah of RM900 and RM2mil worth of jewellery at her home in Jalan Bukit Pantai on Aug 8 last year.

Ramli, 41, also changed his plea and admitted to concealing 66 stolen items made up of branded watches, diamonds, pearls and various precious stones. He is to be sentenced by the court today.

Rajendran said the hefty jail term and order for whipping were to serve as a message to the public about the court's abhorrence for armed robbery.

"If we do not do so, we are sending a message to the public that a person can just go into people's house armed with a knife and rob and cause fear and get away with a lenient sentence.

"In this case, the accused was lucky that he had not hurt the lady of the house with the knife. If he had gone in and caused injury, you can bet your bottom dollar that I will not hesitate to impose the maximum 24 strokes of the rotan," he said.

Ahad's lawyer Edmund Saw, in mitigation, said Ahad, a father of two primary schoolchildren, changed his plea because he regretted his action.

DPP Fahmi Abdul Moin urged the court to impose a sentence that would reflect the seriousness of the offence.

"He had nine previous convictions from 1970s to 1987 which are related to theft and house-breaking. He is a habitual offender and the offences kept getting more serious."

On Monday, another accomplice, Mohd Nazin Ahmad, pleaded guilty to armed robbery and was jailed five years and ordered to be whipped six times. Mohd Nazin, 28, admitted to entering Fatimah's house with Ahad on the pretext of repairing a clogged water pipe.

1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D)

Corpun file 11512

New Sabah Times, Kota Kinabalu, 26 June 2003

Son Jailed For Mother Assault

Sessions Court Judge Caroline Bee Majanil also orders that Randi Hussin be given one stroke of the cane

By Rosie Inus

Randi (left) being led out of the courtroom after he was sentenced yesterday.

KOTA KINABALU: A 27-year-old Filipino was yesterday sentenced to four years' jail for slashing his mother with a machete after she asked him to boil rice.

Randi Hussin was also ordered to be given one stroke of the cane.

Sessions Court Judge Caroline Bee Majanil who meted out the sentence on Randi ordered the jail term to take effect from the date of his arrest.

Randi was charged under Section 326 of the Penal Code for voluntarily causing grievous hurt with a dangerous weapon.

The offence carries a jail term of up to 20 years, a fine or whipping on conviction.

Randi had earlier admitted to slashing his mother twice with a machete at their unnumbered house in Kg. Kobusak, Penampang at about 1.30pm on March 20 this year.

The facts tendered by Prosecuting Officer, Chief Insp Abdul Rahman Atan, stated that a police report was lodged by Randi's father at about 9.55pm the same day claiming that Randi had injured his mother.

In his police report, the complainant said at about 6.30pm that day he was informed by his grandson, Omar Pudin that his (complainant's) wife, Letty Pacana @ Roslinda Abdullah, was being warded at the Queen Elizabeth Hospital's intensive care unit (ICU) after she was slashed by Randi.

Investigation found that prior to the incident, the accused and his mother were at home when the latter asked him to boil rice as she was feeling tired and wanted to sleep.

Later, Randi informed his mother that there was no electricity supply and water at that time but the mother who was too tired, did not reply.

Randi who became angry after receiving no response from his mother, grabbed a machete and went to his mother's room.

He grabbed the hair of his mother who was asleep at that time, and slashed her once but missed after she awoken and tried to escape.

Randi slashed her again, this time hitting her head and causing her to fall flat on her face. He slashed her mother the third time on the back of the head before he ran to Kolombong and hid there for two days.

Police arrested him on March 22 this year while he was hiding behind Cempaka Square building, along the old Penampang Road.

During interrogation, Randi confessed to the crime and he also admitted that he has no valid document.

Abdul Rahman informed the court yesterday that Randi had been sentenced to four months' jail and ordered to be given a stroke of the cane by Sessions Court Judge Ravinthran Paramaguru on April 7 this year.

Randi will be referred to the Immigration Department after serving his sentence.

Copyright 1999-2000 New Sabah Times.  All Rights Reserved. 

Corpun file 11516

Straits Times, Singapore, 28 June 2003


30-year jail terms for sex offenders under new law

KUALA LUMPUR - Tougher legislation that includes longer jail terms for sex offenders will be tabled in Parliament in September.

If a man of 50 can carry out rape, he can take a whipping, says Dr Rais Yatim

This aims to deal with the rising number of sex crimes in the country, said the de facto Law Minister, Datuk Seri Dr Rais Yatim.

He said yesterday that amendments to the Penal Code would include an increase in prison terms from the maximum penalty of 20 years to 30 years for incestual rape, rape-cum-murder and other rape cases.

The Minister in the Prime Minister's Department said the Cabinet, at a meeting last week, also approved caning for those aged 50 and above found guilty of committing the offence.

'If a guy of 50 is capable of doing rape, he is capable of withstanding the whipping,' he said, explaining the rationale to reporters after chairing a plenary session at a three-day civil service conference here.

The current law exempts offenders aged 50 and above from whipping.

Dr Rais said the decision to increase the penalty for rape for the second time in less than two years was due to the greater number of incest, rape-cum-murder and rape-cum-robbery cases.

The Penal Code was last amended in 2001 to include mandatory whipping for rape and incest, a definition of incest and a maximum 20-year jail sentence.

The minister said amendments would also be made to the Penal Code to include provisions for anti-terrorism as well as a timeframe for the police to give feedback on reports made by the public on each case.

'The people have a right to receive feedback on whether there is any follow-up on the case,' he said.

He said the ministry would amend the Criminal Procedure Code and the Criminal Justice Act following the amendments to the Penal Code.

Although the legal framework was apt and complete, 'we have now to translate the enforcement to work' in order to counter the rising crimes, especially rape-cum-murder cases, Dr Rais added.

He said Prime Minister Mahathir Mohamad and his deputy, Datuk Seri Abdullah Ahmad Badawi, directed the ministers at the Cabinet meeting last week to be more vigilant to the current crime issues. -- Bernama

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