PUTRAJAYA: A man who was convicted of committing gang robbery failed to have his 12-year jail sentence set aside today.
The verdict was delivered via a virtual hearing on Zoom, the first criminal appeal proceeding conducted online following a directive issued by Chief Justice Tun Tengku Maimun Tuan Mat.
During the online hearing, Nor Azuwan Hafifi Md Akhir, 30, who was wearing a green prison uniform and a surgical face mask appeared on camera from the Kajang Prison, accompanied by several prison officers.
In the proceedings today, a three-man Court of Appeal bench led by judge Datuk Abdul Karim Abdul Jalil unanimously dismissed Azuwan's appeal to have his 12-year jail term and five strokes of the rotan sentence reduced.
This was after the court heard the submissions of the appellant's (Nor Azuwan) counsel and the prosecution.
The judge said it should be noted that under Section 391 of the Penal Code, whatever role a person played in a gang robbery, they all carry impartial liability as a group.
"Anyone who was present to assist and was involved in committing the offence, bear the same effect as the other people in the group," he said.
Abdul Karim said evidence clearly showed that the appellant had acted as an observer to keep the coast clear during the robbery and he was armed with a parang to intimidate the victim's neighbours.
In this case, the judge said, the court found that the appellant could not have been said to play a passive role in committing the offence and whatever that was done by the other group members in the robbery was also the action of the appellant.
The judge said the 12-year jail sentence handed down to the accused after a full trial was not excessive nor was it inadequate.
He said the court found that the High Court and the trial court were not wrong in imposing the sentence and therefore it was unnecessary for the Appeals Court to interfere with the lower court's decision.
"We therefore dismiss the appeal and uphold the conviction and sentence against the appellant," the judge said.
The other judges on the bench were Court of Appeal judges Datuk Vazeer Alam Mydin Meera and Datuk Che Mohd Ruzima Ghazali.
Nor Azuwan was appealing against the decision of the Shah Alam High Court on July 30, 2019, which upheld his sentence of 12-year imprisonment and five strokes of the rotan handed down to him by the Petaling Jaya Sessions Court on Sept 27, 2018, upon his conviction.
He was charged with committing gang robbery along with two others who are still at large against one Zaiton Mukhtar and had robbed the victim of her gold necklace and locket worth RM7,000 at a house in Puchong at about 6.45pm on April 18, 2016.
During the offence, they were armed with three parang, which if used could result in death or serious injuries.
The charge under Section 395 of the Penal Code carries a maximum jail term of 20 years and also liable to a fine, if convicted.
Earlier, deputy public prosecutor Tania Arissa Andi Sanrang submitted that the appellant was an active participant as his role was to make sure the coast was clear during the robbery.
She said the appellant had planned the robbery and had robbed a 58-year old senior citizen by wielding a parang at the victim before snatching the necklace and locket from the victim's neck.
She added that the appellant had played the same role as his friends who were still on the loose.
Meawhile, the appellant's counsel Mohd Faizi Che Abu argued that the 12-year jail term was manifestly excessive as his client had not committed violence but was merely keeping a lookout for the other robbers during the incident.
He said the other two who were still at large were the main culprits and were the ones who had acted violently during the incident.
"I believe that a jail term of between seven to eight years is reasonable with the offence committed by the appellant," he said.
After the proceedings ended, Mohd Faizi was seen explaining to Nor Azuwan about the court's decision in the video conference.
Yesterday, the Office of the Federal Court's Chief Registrar issued a statement stating that Tengku Maimun had issued a directive that appeal hearings are to be conducted using long distance communication technology effective March 1 (Monday).
This, is to ensure the continuity of the administration of justice during the Covid-19 pandemic, including for prisoners.
The statement also stated that priority is given to prison inmates whose sentences are nearing completion, child offenders and juveniles, cases of public interests and other considerations which the court deems fit.
It said that the criminal appeal proceeding is only applicable for convicts serving time in prison.
