Former YB gets increased fine for losing pistol, bullets
KOTA KINABALU: A former state assemblyman had his fine increased from a total of RM1,000, in default, two months’ jail to a total of RM1,900, in default, four months in jail for losing his pistol and bullets.
High Court justice Datuk Nurchaya Hj Arshad made the decision on Sarapin Magana, 56, after she allowed the prosecution’s appeal, yesterday.
Sarapin, a former Matunggong assemblyman from 2008 to 2013, was fined a total of RM1,000, in default, two months’ jail on May 15, 2017 by the Magistrate’s Court here on two charges under Section 35 of the Arms Act 1960.
Each of the charges carries a maximum jail term of one year or a fine of up to RM1,000, or both, upon conviction.
On the first charge, the accused was fined RM500, in default, one month’s jail for losing his SemiAuto HK Compact 9mm with serial number 27-069206 near a building along Penampang Highway in Penampang at 6.30am on April 8, 2016.
On the second charge, the accused received the same amount of fine for losing nine bullets at the same time and place.
Earlier, counsel Dominic Chew, who represented Sarapin, submitted that the entire incident was an accident and the sentence of a RM500 fine for each charge meted out by the magistrate on the respondent was in accordance with the law and established the principles of sentencing.
Therefore, he urged the court not to disturb the sentence imposed on the respondent.
In reply, deputy public prosecutor Wan Farrah Farriza Wan Ghazali said that the respondent was charged with a very serious offence.
Losing the firearm and ammunition could cause dangerous risk which could lead to another offence if the arms fell into the wrong hands, she added.
Therefore, she said that the sentence was inadequate and urged the court to enhance the sentence.