PUTRAJAYA, April 13 — A secondary school teacher begins his six months jail sentence today for trespassing into the home of his aunt.
This was after Mohamad Hassan@Malek lost his bid in the Court of Appeal today to get leave to appeal against his sentence.
A three-member panel of judges comprising Justice Datuk Hanipah Farikullah, Datuk Hadhariah Syed Ismail and Datuk Azman Abdullah dismissed his application.
Justice Hanipah, who delivered the court’s decision, issued a warrant of committal for Mohamad to begin his jail term today.
Mohamad was on bail of RM10,000 with one surety pending the outcome of his leave to appeal application.
Mohamad Hassan, 43, was found guilty and fined RM3,500 in default two months imprisonment by the Kuala Selangor Magistrate’s Court on Aug 24, last year for the offence.
He was also ordered to pay RM500 as prosecution cost, failing which he would be sentenced to three days in jail. He paid the fine and the cost.
The prosecution then appealed to the High Court against inadequacy of the sentence while Mohamad did not file any appeal against his conviction or sentence.
On January 31, this year, the High Court allowed the prosecution appeal and imposed a six months jail term on him. It also maintained the RM3,500 fine and prosecution cost.
Mohamad then filed an application to the Court of Appeal seeking leave to appeal against his sentence.
Under the law, Mohamad must first obtain leave from the Court of Appeal before he can proceed with the appeal as his case originated from the Magistrate’s Court.
According to the charge sheet, Mohamad was accused of committing the offence by entering the house of Suhaida Sulaiman, who is also his neighbour, in Sungai Sireh, Tanjong Karang, Kuala Selangor, Selangor at 4.30am on February 12, 2019.
According to the facts of the case, he entered Suhaida’s room and covered her mouth with his hand. Her 10-year-old daughter who was sleeping with her screamed and he fled the scene.
Mohamad was represented by lawyer Maidzatul Akmal Daud while deputy public prosecutor Mohd Fairuz Johari appeared for the prosecution.
— Bernama
