KOTA KINABALU Mac 9, 2012: An unemployed Indonesian man was jailed for five years and ordered to be given three strokes of the cane by the Sessions Court yesterday for gang robbery.
Judge Caroline Bee Majanil found Muslimin Sibar, 36, guilty of robbing a 41-year-old woman of RM2,850 in cash, near to an apartment in front of Sunny Garden here on July 6, 2011.
In her reserved decision, Majanil held that the defence had failed to cast reasonable doubt on the prosecution case.
The unrepresented accused was convicted under Section 395 of the Penal Code which carries a maximum jail of 20 years and also liable to whipping, upon conviction.
The court ordered Muslimin to serve his jail term from the date of his arrest on July 6, 2011.
While pleading for a lenient sentence, the accused who is the sole breadwinner for his family, promised not to repeat the offence in the future.
Deputy public prosecutor Afzan Abdul Kahar pressed for a heavier sentence due to the seriousness and the rampancy of the crime in Sabah.
She submitted that the accused has three previous convictions which included an illegal entry into Singapore, attempted robbery and theft.
The accused was convicted by separate courts in Singapore, Kuantan and Pulau Pinang between 1999 and 2006,?Afzan explained.
Afzan had called five witnesses to testify during the trial while Muslimin was the sole witness for his defence.