Kota Kinabalu: A 40-year-old foreigner, who was jailed 12 years and ordered six lashes of the cane for gang-robbery failed in his appeal to reduce the sentence, Tuesday.
High Court Judicial Commissioner Datuk Duncan Sikodol dismissed the appeal of Mohd Said Sabari and affirmed the sentence imposed on him after hearing his appeal and submissions from the prosecution as respondent.
Said was on Sept 21, 2020 sentenced to 12 years’ jail and ordered to be caned six times by the Sessions Court for robbing one Elvin Edika Inson, 24, of his handphone and RM1,700 at 2.33am on Feb 1, 2020 at the Little Gaya Hotel, here.
He committed the offence together with an accomplice still at large.
The offence under Section 395 of the Penal Code carries a jail term of up to 20 years, and whipping, on conviction.
Said had pleaded guilty to the charge in the midst of trial.
He was ordered to serve the sentence from the date of his arrest on Feb 20, 2020 and also ordered to be referred to the Immigration Department thereafter.
Said, who was not represented, appealed for a lower sentence.
Deputy Public Prosecutor Rustam Sanip submitted that the sentence imposed was appropriate while adding that two witnesses had been called to testified before Said changed his plea to guilty to the charge.
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