KUCHING: Two accomplices were each sentenced to 13 years’ imprisonment and three strokes of whipping by the Sessions Court here today for committing an armed gang robbery at Saradise last year.
Judge Iris Awen Jon convicted Zuhairi Mohammad Zainal and Muhd Faizzatul Ikmal Hasbi after finding them guilty of a charge under Section 395 of the Penal Code, read together with Section 397 of the same Code, having ruled that the prosecution had proven its case beyond reasonable doubt.
The court ordered the jail sentence to take effect from the date of their remand on February 6, 2025.
Section 395 provides for imprisonment of up to 20 years and whipping upon conviction, while Section 397 mandates whipping where an offender is armed with or uses a deadly weapon during the commission of a robbery.
According to the amended charge, the two men, acting together, robbed a 31-year-old victim at about 3:30 am on January 17, 2025, by the roadside in front of a fertility clinic at Saradise.
During the incident, one of the accused brandished a knife and demanded the victim’s bag, causing him to surrender cash amounting to RM1,500 and other personal belongings out of fear for his safety.
The victim later lodged a police report, leading to an investigation that resulted in the recovery of several items believed to have been used during the robbery, including a black Yamaha EZ110 motorcycle, clothing, a full-face helmet, raincoat and slippers.
Both the accused were arrested on January 29, 2025, at the Kuching Courts Complex.
During the investigation, both admitted they had planned the robbery together to obtain money to settle debts, purchase motorcycle accessories, and meet personal expenses.
One of them also admitted to using a knife during the robbery.
The victim subsequently identified both accused during an identification parade conducted on January 30, 2025.
The court also heard that one of the accused tested positive for methamphetamine, while the other tested negative
In delivering her judgment, Judge Iris held that the defence had failed to raise any reasonable doubt against the prosecution’s case.
She found that the defence amounted to bare denials, which could not constitute a valid defence in law, and further ruled that the evidence of the third defence witness did not assist the accused.
The judge also found that the prosecution’s evidence remained unrebutted, leading to the conviction of both accused.
In seeking an appropriate sentence, Deputy Public Prosecutor, Chuah Kai Sheng, submitted that armed gang robbery is a grave offence involving violence and public fear, particularly where a deadly weapon was used.
He argued that deterrent sentences were necessary in view of the prevalence of robbery cases and the need to safeguard public interest.
He also urged the court to consider the considerable judicial time and public resources expended during the one-and-a-half-year trial, noting that the case had proceeded to full trial instead of being resolved through an early guilty plea.
In mitigation, Zuhairi, 29, who worked as a construction site painter, pleaded for leniency, telling the court he was the youngest of four siblings and the primary caregiver for his parents, adding that his mother is bedridden after suffering a stroke.
Faizzatul, 31, also appealed for a lighter sentence, saying he is married with three young children aged seven, three and one, and had worked as a security guard before his arrest. He said he was the sole breadwinner of his family.
A total of six witnesses testified during the trial, comprising three prosecution witnesses and three defence witnesses, including both the accused who were unrepresented throughout the trial.
