Ex Soldier Escapes Jail Term Over Weapons Charge

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PUTRAJAYA: An ex-soldier was bound over on a good behaviour bond over a charge of unlawful possession of a sword and flip knife
A three-man Court of Appeal bench chaired by Ahmadi Asnawi said Asri Che Din should be given a second chance as it was not a serious offence
“In the circumstances, you should be bound over on good behaviour and the five-year jail term should be set aside,” Ahmadi said in allowing Asri’s appeal on the sentence
He also said the definition in the Penal Code that a non-serious offence must carry a jail term of 10 years and below should be extended to other penal laws
Others on the bench were Kamardin Hashim and Abdul Karim Abdul Jalil
Asri, who has been in prison for seven months, must post RM3,500 with one surety to secure his freedom
He was bound over for five years but would be sent to jail if he committed any criminal offence during that period and the bond will be forfeited
Asri, 48, committed the offence on July 3 last year at Taman Impian Warisan in Ulu Langat district, Selangor
Police found the sword in his car boot and the knife in a bag when they stopped his vehicle
He was charged under section 6 (1) of the Corrosive and Explosive Substances and Offensive Weapons Act 1958 which carries a minimum five-year jail term and maximum 10 years’ imprisonment
The Sessions Court had allowed Asri to be bound over as he was a first offender, pleaded guilty and was a former soldier
However, following an appeal by the prosecution, the High Court on April 4 this year reversed the non-custodial sentence and ordered Asri to serve a five-year jail term
Lawyer A Jayaseeelan, who represented Asri, told the bench today that the High Court judge misread the law in reversing the sentence imposed by the Sessions Court
He said the judge was wrong in ruling that the definition of serious and non-serious offences were only applicable to charges prescribed in the Penal Code and not to other penal laws
He said although Asri’s charge fell outside the Penal Code, it was still considered a non-serious offence as the maximun penalty under the Corrosive and Explosive Substances and Offensive Weapons Act was only a 10-year jail term
The bench agreed with Jayaseelan
The lawyer hopes the bench delivers a written judgement to guide subordinate courts when imposing sentence. - FMT

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