Convict allowed to serve jail sentences concurrently

KOTA KINABALU: The High Court here yesterday allowed an appeal by a man to have his jail sentences on armed robbery and possessing a dangerous weapon convictions, to be served concurrently.

Justice Datuk Nurchaya Hj Arshad granted the appeal of Albert Algabra, 38, and ordered for both his jail terms of 11 and five years to run concurrently.

However, the court had added three whippings on the appellant

So, the undefended appellant would only serve 11 years in jail plus four strokes of the cane, instead of 16 years’ jail and one stroke of the cane.

On May 24, the appellant was sentenced to 11 years’ jail and ordered to be whipped once by the lower court here for robbing a Korean woman of her purse containing bank cards, a driving licence and money, a car key, a security card, a camera and a cellphone.

The appellant, who was with a friend, was armed with a Rambo knife when robbing the woman aged 41 in a house at the 1Borneo Tower of Jalan UMS on March 27

he offence was framed under Section 395 of the Penal Code, read together with Section 397 of the same Code, which provides for a maximum jail term of 20 years and whipping, upon conviction.

On the same day, the appellant received another five years’ jail by the subordinate court here after he admitted to carrying a knuckle duster in public place at Kampung Darau in Manggatal on April 4.

The appellant was convicted under Section 6 (1) of the Corrosive, Explosive and Dangerous Weapons Act which carries a maximum jail of 10 years and whipping, upon conviction.

The magistrate had ordered the appellant to serve his jail term consecutively with his jail sentence for armed robbery.