High Court upholds jail and caning sentence in cheating case
MIRI: The High Court here yesterday upheld the sentence of two years’ jail and three strokes imposed by a magistrate’s court on a former car salesman found guilty of three charges of cheating.
Judicial Commissioner Dean Wayne Daly made the decision after rejecting a review of application filed by the applicant Mohammad Yazit Subagyo through his counsel Sam Laya.
In his judgement, Dean said the record didn’t reveal any irregularity to warrant revision; the applicant was aware of and understood the three charges read to him, and the mandatory jail sentence should he pleaded guilty.
In fact, the magistrate who heard the case also explained to the accused the punishment he would impose.
The accused had acknowledged that the facts of the case read against him were correct — important as evidence the facts of the case supported the allegations made against the accused.
In this regard, Dean decided to reject the review application submitted by the applicant (Yazit) and maintain the two-year imprisonment and three strokes imposed by the magistrate’s court on Oct 31, 2017.
Mohammad Yazit Subagyo, 39, from Kampung Pengkalan, Lutong was charged with three counts of cheating under Section 420 of the Penal Code which provides for imprisonment of not less than one year and not more than 10 years, and whipping upon conviction.
On the first count, Yazit admitted to cheating Jungan Bidin, 55, to convince him to help the victim buy a car from the company and convince Jungan to pay the accused RM3,900 to obtain the car.
He allegedly committed the offence at 2pm, March 27, 2017 in front of a fast food restaurant in Emart Tudan.
The second offence was committed at 2pm, March 28, 2017 at a supermarket in front of a petrol station in Permyjaya, where Yazit also cheated Jungan in the purchase of another car from the same company, prompting the victim to pay RM2,500 as deposit for it.
The accused once again conned the victim into believing that it was compulsory for him to buy shares to facilitate purchase of the two vehicles.
The victim handed over RM5,500 to Yazit at 1.30pm on May 11, 2017 in front of a bank at Jalan Permaisuri here.
For the first offence, the accused was sentenced to 12 months imprisonment and a whipping; for the second offence, 18 months’ jail and a whipping; and for the third offence, 24-month jail and a whipping.
The sentences are to run concurrently.
Earlier, in his submission, Sam said the applicant who was not represented earlier, had sought a revision of the sentence imposed on him and asked for his case to be heard again in a magistrate’s court.
Sam said the wrongful plea of guilt was made by the accused after hearing the advice of two police officers (when the accused was being arrested and before being brought to court) that he will only be liable to a fine should he plead guilty.
He said this showed that the applicant did not really understand the three charges read to him.
Deputy Public Prosecutor ( DPP) Mohd Fuad Abdul Aziz prosecuted.