Kota Kinabalu: A 35-year-old woman failed in her appeal against the 10 months’ jail and fine of RM2,000 or two months’ jail for causing hurt to her cousin with an aluminium rod.
High Court Judicial Commissioner Amelati Parnell had dismissed Rozana Awang’s appeal against the sentence and affirmed the sentence imposed by the Magistrate’s Court.
In making the decision, Amelati said having considered the record of appeal and submissions by both parties, she was of the view that the Magistrate had complied with the principle of sentencing in considering public interest as per most important and the sentence meted out by the Magistrate’s Court was appropriate.
She said it was clearly shown in the Notes of Proceedings and further elaborated by the Deputy Public Prosecutor (DPP) in the written submissions that the appellant (Rozana) was also informed of her right to get a counsel and she replied that she understood and had no intention to get a counsel.
She added that the process of taking her plea and sentencing of the appellant was in accordance with the law and the notes of evidences showed that the Magistrate had ensured that the plea of guilty taken from appellant was valid.
The court also said that the charge was fully understood by the appellant and there was no language problem since the service of interpreter was provided to her.
On Feb 9, this year, the Magistrate’s Court had imposed the sentence to Rozana after she pleaded guilty to assaulting one Elsharinah Elvis Maidin, 25, by using the aluminium rod at 9.30am on May 6, 2021 at a house in Taman Wawasan Mahandoi, Penampang.
The offence, under Section 324 of the Penal Code, carries a jail term of up to 10 years, or with fine, or with whipping, or with any two of such punishments, on conviction.
The court also ordered the bail sum of RM8,000 to be refunded.
DPP Afiq Agus appeared for the prosecution while counsel Korventt Wheezar E. Jomiji defended Rozana.
