Malaysia

Court allows backdating of man’s prison sentence, reduces term

51-year-old convicted of fraud to serve 11 years, including one year, 13 days remand

Updated 3 years ago · Published on 16 Jun 2023 8:15AM

Court allows backdating of man’s prison sentence, reduces term
The Court of Appeal has reduced the number of lashes imposed on Azmi Mat Hussin 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. – Pixabay pic, June 16, 2023

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

Related News

Malaysia / 1mth

RM2.48m lost daily to investment fraud syndicates since 2023

Malaysia / 1mth

Former investment bank CEO charged with RM139.8m fraud

Malaysia / 4mth

Online fraud: Number of cases, losses continue to rise – deputy minister

Malaysia / 4mth

US charges three Malaysian state telecoms officials for alleged multimillion-dollar fraud

Malaysia / 4mth

Court orders Maybank to pay RM166,000 to customer due to illegal transactions

Malaysia / 5mth

Court of Appeal: Emergency proclamations beyond judicial review

Spotlight

Malaysia

Nhaveen murder trial: Accused admits taunting victim but denies fatal assault

Malaysia

MCMC probes alleged AI sexual abuse targeting Kedah pupils, teachers

Malaysia

Anwar checks final preparations for Budget 2027

Malaysia

Sarawak election could be called within weeks of Budget 2027

Malaysia

Anwar contacts Prabowo over ‘alarming’ transboundary haze

Malaysia

King calls for schools in haze-hit areas to close

Malaysia

Parents worry over children’s exposure as haze worsens

By Alfian Z.M. Tahir

You may be interested

Malaysia

King calls for schools in haze-hit areas to close

Malaysia

Budget 2027 to offer permanent posts to more than 9,000 contract doctors

Malaysia

PH Melaka identifies potential candidates ahead of Nov 14 state election

Malaysia

Budget 2027: Minimum wage to rise to RM2,000 from June 2027 – Anwar

Malaysia

Budget 2027: Anwar to chart path towards stronger growth, better jobs and higher living standards

Malaysia

Budget 2027: Anwar speaks some Tamil, quotes the masterpiece ‘Tirukkural’

Malaysia

Azalina welcomes proposed law reform commission, wider bankruptcy relief

By Alfian Z.M. Tahir

Malaysia

Selangor postpones National Sports Day celebrations due to haze