PUTRAJAYA – The Court of Appeal yesterday allowed the prison sentence of a 51-year-old man who was convicted of fraud and misappropriation of property involving losses of nearly RM200,000 to be backdated from the date of his remand.
A three-judge panel led by Datuk P. Ravinthran unanimously decided to allow Azmi Mat Hussin, a father of 10, to serve his prison sentence from November 15, 2018, taking into account his remand period of one year and 13 days, thus reducing the prison term imposed.
“The appeal of sentence is allowed partially; the date in the order in respect of the two cases, which now reads November 27, 2019, is to be amended to November 15, 2018, which is the date of the remand. The effect is that the appellant will serve 11 years in total, which will run from November 15, 2018,” said justice Ravinthran, who sat on the panel with justices Datuk Ahmad Zaidi Ibrahim and Datuk Azman Abdullah.
Justice Ravinthran also reduced the number of lashes imposed on the accused from 25 to 24, according to Section 288(5) of the Criminal Procedure Code (CPC), which states that 24 lashes are the maximum number allowed.
“Since the offences committed were commercial crimes under Sections 403 and 420 of the Penal Code, according to Section 288(4) of the CPC, the whipping that will be imposed is with the use of a fine cane,” he said.
On November 27, 2019, the Shah Alam magistrates’ court sentenced Azmi to 11 years in prison and 25 lashes after Azmi pleaded guilty to 25 counts of fraud and misappropriation of property and ordered him to serve his prison sentence starting from the date of conviction (November 27, 2019).
Azmi then appealed against his sentence, but on August 20, 2021, the Shah Alam High Court rejected his appeal and upheld the sentence. – Bernama, June 16, 2023
