Snatch thieves, robbers must be severely punished, says judge

PUTRAJAYA: The Court of Appeal says those convicted of snatch theft and robbery must be severely punished, noting a prevalence of such crimes, especially in public.

Justice Noorin Badaruddin, leading a three-member bench, said such crimes continued to instil fear and insecurity, especially among women and other vulnerable communities.

“Courts have consistently recognised that such offences undermine confidence and safety in public places,” she said in allowing the prosecution’s appeal to restore the sessions court’s seven-year jail sentence on former factory worker Annuar Jalie for robbery.

Noorin, who sat with Justices Hayatul Akmal Abdul Aziz and Radzi Harun, said long prison sentences were necessary to send a clear message that reckless offences endangering the public would attract severe punishment.

She said robbery, including snatch theft, under Section 392 of the Penal Code, carries up to 14 years’ jail, whipping, and a fine.

Noorin said the High Court had erred in reducing Annuar’s jail term from seven years to four.

She said the High Court had placed undue emphasis on Annuar’s guilty plea, which, while a recognised mitigating factor, did not automatically mean that a sentence would be reduced.

“It depends on the facts and circumstances of each case,” she added.

Annuar, 41, committed the offence against Nur Antasya Aireena Adnan at Jalan Ayu 17, Taman Pelangi Indah, Ulu Tiram, Johor, at 5.30am on Feb 17 last year. He pleaded guilty before the sessions court and was sentenced to seven years’ jail and three strokes of the rotan.

Noorin said Annuar pulled the victim’s bag while his motorcycle was moving, posing a substantial risk of injury not only to the complainant but also to others.

She said any sudden imbalance or loss of control could have caused the complainant to be thrown onto the road, exposing her to death or serious injury.

“The sessions court judge was correct to impose a stern custodial sentence to reflect the dangerous manner in which the crime was committed,” she said.

According to the facts of the case, Annuar, riding a motorcycle, had grabbed Nur Antasya’s backpack which contained personal documents, a mobile phone, and a gold bangle. He then fled the scene.

Nur Antasya and her fiancé gave chase but failed to catch him. The fiancé later tracked the phone, leading police to Annuar at a nearby village where he was arrested and the stolen items recovered.

Deputy public prosecutor Shamala Jeganathan urged the Court of Appeal to restore the sessions court’s sentence, saying it fell within the usual range of six to seven years for such offences. Lawyer Collin Andrew however asked the court to consider that Annuar was a first-time offender who had pleaded guilty.

المصدر: Free Malaysia Today