Prisoner fails in final appeal to set aside conviction, sentence for armed gang-robbery

PUTRAJAYA: A prisoner today failed in his final appeal to set aside his conviction and 12 years’ jail, as well as five strokes of the cane, imposed by the Shah Alam High Court two years ago for snatching a necklace worn by an elderly woman in an armed-gang robbery five years ago

This followed a unanimous decision by a panel of three of the Court of Appeal judges led by Datuk Abdul Karim Abdul Jalil in dismissing the appeal by Nor Azuwan Hafifi Md Akhir, 30.

The proceeding was held via video conference from Kajang Prison, where the appellant is serving time for the offence, while the judges were at the Palace of Justice here and the lawyers and the prosecution at their respective offices.

It was the first for the Appeals Court in Putrajaya to hear a case using long distance communication technology.

Judge Abdul Karim, who sat with Judges Datuk Vazeer Alam Mydin Meera and Datuk Che Mohd Ruzima Ghazali, said the court found no merit in the appeal by Nor Azuwan.

"It should be noted that under Section 391 of the Penal Code, the liability for committing this offence in a group is fair. Anyone present to assist and engage in the offence bears the same effect as the other party.

"In this case, the court found that there was no passive role by the appellant. The evidence clearly showed that he was keeping watch outside with a machete and also intimidated the wife and child of the victim’s neighbour,” he added.

Judge Abdul Karim said the court also found that the Sessions Court and High Court judges had not made any mistakes that justified the court's intervention.

"We find that the sentence meted out was not too severe and not too light. Therefore, we reject the appellant's appeal and uphold the conviction and sentence of 12 years imprisonment and five whipping handed down by both courts," he added.

Nor Azuwan was charged with two others still at large with committing the offence against Zaiton Mukhtar and robbing the woman, who was then aged 58, of a necklace and gold pendant worth RM7,000 in a house in Puchong at 6.45 pm on April 18, 2016.

The charge was made under Section 395 of the Penal Code and read together with Section 397 of the same law.

Deputy public prosecutor Tania Arissa Andi Sanrang prosecuted, while lawyer Mohd Faizi Abu represented Nor Azuwan.

-- BERNAMA