PUTRAJAYA: The Court of Appeal has reinstated a seven-year jail term on a former factory worker who pleaded guilty to robbery, ruling that reckless offences which endanger the public will face severe consequences.
A three-judge panel led by Justice Noorin Badaruddin unanimously allowed the prosecution’s appeal and set aside a High Court decision reducing the sentence to four years and six months.
The panel, which also comprised Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Seri Mohd Radzi Harun, ruled on Monday (May 25) that the original seven-year sentence imposed by the Sessions Court should be restored.
Annuar Jalie had pleaded guilty to robbing a woman in a snatch theft incident involving a moving motorcycle.
"Courts have consistently recognised that such offences are not isolated acts of theft but offences which undermine public confidence in safety within public spaces," Justice Noorin said.
She added that a substantial custodial sentence is necessary not only to punish the offender but also to serve as a deterrent and to protect the public.
The court noted that the robbery occurred in the early hours of the morning in a residential area, where the victim was a pillion rider on a moving motorcycle when her bag was forcibly snatched, creating a serious risk of injury or death.
"The consequences of Annuar’s actions were grave, as any sudden imbalance or loss of control could easily have resulted in the victim being thrown onto the roadway, thereby exposing her to catastrophic injury or death," Justice Noorin said.
She added that the High Court had erred by giving insufficient weight to the seriousness of the offence and by overemphasising the accused’s guilty plea, which alone does not justify a reduced sentence.
She said for offences involving robbery and public safety, the principles of deterrence, public protection and retribution must remain dominant considerations.
She also noted that the accused tried to evade arrest and was only arrested after pursuit by the victim and her fiancé.
On March 12 last year, Annuar, 41, pleaded guilty to robbing Nur Antasya Aireen Adnan of her bag containing several items, including her ATM card and mobile phone. He was sentenced to seven years’ jail and three strokes of the cane.
The offence was committed at 5.30am in Ulu Tiram, Johor, on Feb 17 last year.
On Oct 15, the High Court reduced the prison term to four years and six months to run from the date of his arrest (Feb 17) but maintained the caning.
This prompted the prosecution to appeal the reduced custodial sentence. – Bernama
