SHAH ALAM: The High Court here increased the jail term and fine for a man who had pleaded guilty to abducting two girls last month.
Goreng pisang (banana fritters) vendor Mohamed Shahriza Othman, 32, was initially sentenced to 24 months imprisonment and RM2,000 fine by the Sungai Besar Magistrate's Court on July 25 after he pleaded guilty to the charges levelled against him.
However, High Court Judge Norliza Othman increased the 24-month jail term to 36 months after taking into account the prosecution's appeal during the review proceedings of the punishment meted out to Mohamed Shahriza.
The court also increased the fine to RM6,000 or four months' imprisonment in default.
In delivering her judgement, Judge Norliza said the case had garnered much media coverage.
She also held that given the gravity of the matter at hand, she had ordered for a review of the case under Section 325 of the Penal Code.
She added that case precedents have also indicated that pleading guilty is not a factor that automatically allows for the offender to receive a reduced sentence.
“If this is the wisdom and purpose of mitigation, it can be taken advantage of by criminals when they are caught and charged," said Judge Norliza.
She added that a guilty plea has to be taken into account in a more holistic manner and in tandem with provisions in law that stipulated certain punishments for certain offences.
Judge Norliza also added that although the girls had gone missing for just about two hours, it was still a serious matter.
“What is important is that even though it was a short while, the trauma a mother has to undergo upon finding out that her young children were taken by a stranger without knowing where they were going, is certainly something that cannot be pictured or translated in words," Judge Norliza said.
She added that as a father himself, Mohamed Shahriza should have understood parental feelings better as opposed to people who did not have any children.
Earlier, Deputy Public Prosecutor Farah Aqilah Ahmad Fuad, in her application, had said that a review of the earlier magistrate’s decision was necessary to prevent a precedent to be set pertaining to kidnapping under Section 363 of the Penal Code.
“The punishment that had been delivered was very low and did not reflect public interest as it involved the safety of children kidnaped from their rightful guardians and it also involved two child victims," she had said.
In June, the respondent had pleaded guilty to the charge under Section 363 of the Penal Code.
According to the facts of the case, Mohamed Shahriza, who had two children of his own, had abducted the girls, aged eight and six, at 6.30pm on July 19.
The children had been playing outside their house and he had lured them with the promise of a RM50 reward if they accompanied him to deliver a letter.
In his defence when charged, Mohamed Shahriza had said that he had taken the girls because he had wanted daughters very much.
