PUTRAJAYA – The Court of Appeal here today upheld the 17 years imprisonment term and two strokes of the rotan imposed on a youth for gang and armed robberies.
A three-man panel led by justice Datuk Seri Kamaludin Md Said dismissed Che Ezzlan Syafiq Che Azarudien’s appeal for a reduction of his jail term.
Kamaludin said the jail sentences imposed by the sessions court on Che Ezzlan, 24, were commensurate with the offences he committed.
The other two judges presiding on the panel were justices Datuk Che Mohd Ruzima Ghazali and Datuk Hashim Hamzah.
Che Ezzlan, who was 20 years old then, was sentenced to 10 years in jail and ordered to be whipped once after he pleaded guilty to the charge of committing gang robbery with another person, who remains at large.
Che Ezzlan, who was armed with an axe, had stolen RM193 and several packets of cigarettes at a 7-Eleven in Pekan Taming Jaya, Balakong, Hulu Langat District, Selangor, at 5am on June 10, 2018.
He was also sentenced to seven years imprisonment and ordered to be caned once after he pleaded guilty to the second charge of robbing shop assistant Muhammad Hasrah Shamsul Faizal, by pointing a knife at him and taking cash worth RM300, cigarettes and a handphone at a 7-Eleven store in Persiaran Kemajuan Seksyen 9, Bandar Baru Bangi at 6.07pm on August 12, 2018.
Che Ezzlan was ordered by the sessions court to serve the sentences consecutively.
Che Ezzlan was out on bail for the first offence when he committed the armed robbery at the convenience store in Bangi.
His appeal to the high court to reduce his jail sentences was dismissed on September 20, 2019 prompting him to appeal to the appellate court.
In the court proceedings today, Kamaludin suggested that youthful offenders be sent to correctional centres for rehabilitation instead of sending them to prison.
“They should have correctional centres like in the US, the government must think along this line,” said Kamaludin, adding that young offenders should be placed separately from hard-core criminals.
Deputy public prosecutor Ng Siew Wee said she took note of the court’s suggestion and would refer the suggestion to the drafting division in the Attorney-General’s Chambers.
Presently, child offenders who are 18 years and younger can be sent to Henry Gurney Schools and remain there until they turn 21 years of age.
For youthful offenders aged 18 to 21 years, they are sent to jail to serve their sentences and are not separated from adult prisoners.
Che Ezzlan was represented by lawyer Izleen Ismail. – Bernama, April 20, 2022
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