Judges say seven years fits the crime, restore jail term for motorcycle snatch theft case

PUTRAJAYA, May 25 — The Court of Appeal today reinstated a seven-year jail sentence imposed on a former factory worker who pleaded guilty to robbery, ruling that reckless offences endangering members of the public will face severe consequences.

A three-judge panel led by Justice Noorin Badaruddin unanimously allowed the prosecution’s appeal and set aside the High Court’s earlier decision, which had reduced the sentence to four years and six months.

The panel, which also comprised Justices Datuk Hayatul Akmal Abdul Aziz and Datuk Sri Mohd Radzi Harun, ruled that the original seven-year sentence imposed by the Sessions Court should be restored.

The respondent, Annuar Jalie, had pleaded guilty to robbing a woman in a snatch theft incident involving a moving motorcycle.

Justice Noorin said such offences are not isolated theft cases but crimes that undermine public confidence and safety in public spaces, particularly affecting women and vulnerable road users.

“Courts have consistently recognised that such offences are not isolated acts of theft but offences which undermine public confidence in safety within public spaces,” she 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,” she said.

Justice Noorin said 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 attempted to evade arrest and was only apprehended after a 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 handphone. He was sentenced to seven years’ imprisonment and three strokes of the cane.

The offence was committed at 5.30am in Jalan Ayu 17, Taman Pelangi Indah, Ulu Tiram, Johor, on February 17 last year. He was sentenced to seven years’ imprisonment and three strokes of the cane.

On October 15 Oct, the same year, the High Court reduced the prison sentence to four years and six months to run from the date of his arrest on Feb 17 last year, but maintained the three strokes of the cane, prompting the prosecution to appeal to the Court of Appeal about the custodial sentence.

At the proceeding today, Deputy Public Prosecutor Shamala Jaganathan appeared for the prosecution while lawyer Collin Andrew, from the National Legal Aid Foundation, represented Annuar. — Bernama

المصدر: Malay Mail