DAP lawyer calls for community service instead of one year jail for ‘Abang Botak’

Danial Abdullah Tan is led away from the Kuala Lumpur Magistrate’s Court May 31, 2019, after he pled guilty to smashing a car windscreen in a road rage incident in Seri Kembangan.
Danial Abdullah Tan is led away from the Kuala Lumpur Magistrate’s Court May 31, 2019, after he pled guilty to smashing a car windscreen in a road rage incident in Seri Kembangan.

KUALA LUMPUR, June 1 — A pair of DAP leaders have called for the judiciary to review and give a lighter sentence to Daniel Abdullah Tan or better known as “Abang Botak” in the road rage incident that went viral on social media recently.

In a press statement today, Lim Kit Siang’s political secretary Syahredzan Johan and Damansara DAP Socialist Youth secretary Farhan Haziq Mohamed believed the judgement by Magistrate Nurshahira Abdul Salim was excessive to Daniel’s crime, although they do condemned his actions.

“We are aware that Section 427 of the Penal Code provides for a minimum sentence of one year but we feel it is more appropriate for him to be fined instead of being imprisoned, as a few mitigating factors including admission of guilt and remorse shown by the accused,” they said.

The pair then hoped that the accused will appeal to the High Court for a review on the punishment that has been meted out.

They also advised Daniel that he has the choice of suspending his sentence pending his appeal to the High Court.

“Even though there are those who believe he deserves to be incarcerated, it is not the best solution for all individuals through the country’s criminal justice system. Imprisonment might give a negative impact on the convict while distancing them from society.

“Therefore, it is relevant for the government to expand community service beyond the provisions of Section 293 Criminal Procedure Code.

“Section 293 allows the Court to mete out community service as a punishment for ‘young offenders’, those who are between 19 to 21 years old,” their statement read.

Syahredzan and Farhan added that community service is not alien to the nation’s justice system but it should be expanded to other offences, depending on amendments to the Criminal Procedure Code.

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