PUTRAJAYA, March 8 — The Court of Appeal today ordered an ustaz (religious teacher) who used a rotan to cane a former student on both legs five years to serve a six-month jail term effective today.
It was the unanimous decision of a three-man panel of judges, headed by Judge Datuk Hanipah Farikullah, who restored the six-month jail sentence and RM2,000 fine imposed on Muhammad Adib Abd Halim, 28, by the Kajang Magistrate’s Court on November 16, 2018.
The judge set aside the Shah Alam High Court’s decision on June 26, 2019, which revised Muhammad Adib’s six-month jail term to a one-day jail and increased the fine from RM2,000 to RM4,000.
In her judgement, Judge Hanipah said that according to Section 323 of the Penal Code, the maximum fine that can be imposed is RM2,000 and the punishment meted out to Muhammad Adib as the respondent is illegal.
“With this, the whole sentence (one-day jail and RM4,000 fine) imposed by the Shah Alam High Court is not valid because it is not in accordance with Section 323 of the Penal Code and it should be set aside by this court,” said Judge Hanipah, who sat with judges Datuk P. Ravinthran and Datuk Hashim Hamzah.
According to Judge Hanipah, in this case, the public prosecutor had appealed against the entire sentence by a High Court judge and the court found that under Section 323 of the Penal Code, the sentence provided could not exceed a one-year jail term or a fine not exceeding RM2,000 or both.
“According to the appeal record, it is clear that the Magistrate’s Court imposed the sentence in accordance with the provisions of the law. Factors taken into consideration by the magistrate in deciding on the respondent’s sentencing among others considered the injuries suffered by the victim resulting in a two-day hospitalisation.
“We found the Magistrate’s Court also considered that the victim was under the respondent’s custody apart from taking into account the mitigation factors put forward by the respondent in sentencing,” she said.
She said the court found that the High Court judge had interfered with the sentence passed by the magistrate and did not touch at all on what mistakes were made by the magistrate and the principle of punishment applied.
“Therefore, this court should intervene in the decision of the High Court judge. With this, the sentence imposed by the High Court is set aside and the sentence by the Magistrate Court is reinstated.
“The fine if overpaid by the respondent must be returned to him. The six-month jail sentence is effective immediately and a committal warrant is issued,” she said.
Muhammad Adib was previously tried on charges of causing injury to an 11-year-old boy in a classroom at a religious primary school in Bandar Seri Putra, Hulu Langat, at 2.25pm, on August 16, 2017, and charged under Section 323 of the Penal Code.
At today’s proceedings, the prosecution was represented by deputy public prosecutor Dhiya Shazwani Izyan Mohd Akhir while Muhammad Adib, who appeared shocked by today’s decision, was represented by lawyer Khairul Amin Abdullah.
— Bernama
