KUALA LUMPUR, April 5 — The High Court here today dismissed the appeal by an unemployed youth to set aside his conviction and sentence of four months imprisonment and RM1,000 fine for stealing a mobile phone.
Judicial commissioner Datuk Ab Karim Ab Rahman maintained Shahrul Anuar Abdul Aziz’s punishment imposed by the Magistrate’s Court on May 24, 2016.
However, the court amended the charge from Section 380 of the Penal Code which provides for a maximum 10 years imprisonment and a fine, to Section 379, which carries a jail term of up to seven years or a fine, or both on conviction.
The judge said the amendment was made based on the testimony of the complainant who was also the prosecution’s first witness that he handed the mobile phone to the appellant (Shahrul Anuar) and that the latter did not snatch it from inside the premises.
“Although the penalty for Section 379 differs from Section 380, it is still an offence of theft. Section 379 is still about theft of property, involving public order and public interest.
“Such theft offences must be curbed before they become rampant. The court finds that the four months sentence is appropriate and not unreasonable,” said the judge.
Nevertheless, Ab Karim granted a stay of execution of the sentence applied by counsel Shaharudin Ali and Mohd Khairul Azam Abdul Aziz pending appeal and set RM3,000 as bail.
The judge also dismissed the prosecution’s appeal through deputy public prosecutor Siti Aisyah Ahmad to enhance the sentence.
Shahrul Anuar was found guilty of stealing the mobile phone worth RM800 while it was under the safekeeping of See Ming Ho, at Techasia Boutique, Plaza Low Yat, Bukit Bintang at 4.47pm on July 11, 2015.
He paid the fine. — Bernama
