Soldier's jail term reduced to six months
Published on: Thursday, April 21, 2016
Tawau: A 23-year-old soldier who was sentenced to 36 months' jail for firing two mini flares into the air, succeeded in his appeal when the High Court reduced the jail term to six months.High Court Judicial Commissioner Azhahari Kamal Ramli in allowing Abdul Hanif Abdul Rashid's appeal against his sentence, set aside the previous sentence of 36 months' jail imposed by the Lahad Datu Magistrate's Court on Nov 9, 2015.Abdul Hanif had pleaded guilty to committing the offence intentionally, without approval and legal power under the law, which was dangerous to life and properties.
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The offence took place at 8.15pm on Nov 2, 2015, near the Kedai Aksesori Kereta, Singa Point, Jalan Kastam Baru, Lahad Datu.Abdul Hanif was charged under Section 6 of the Explosive Substances Act 1957 which carries a jail term of up to seven years jail or fine of up to RM10, 000 or both, on conviction.Counsel Rozainah Mohd Said, representing Abdul Hanif submitted among others that there was no injury to the public during the commission of the crime and that the flare was unlikely to cause injury or explosion as it was a mini flare that can even be used in the water. She also submitted that the magistrate had erred in law and in fact when considering the frequency of the offence as the grounds of passing the said sentence because it was only an isolated case.
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The facts of the case stated that Abdul Hanif and a friend left the Lok Kawi army camp on Nov 2, 2015 to return to his hometown and that he also brought along with him two mini flares belonging to the army without approval and power.At 8.15pm, the same day, Abdul Hanif and his two friends who fetched him at the bus terminal gathered near the car accessories shop.
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Abdul Hanif without telling anyone had deliberately fired the two mini flares into the air which later dropped near the Eastern Sabah Security Command (Esscom) headquarters. Stay up-to-date by following Daily Express’s Telegram channel.
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