Man on weapon charge out on good behaviour bond
KUCHING: The Sessions Court here yesterday released a man on a two-year good behaviour bond after finding him guilty of possessing a machete near a convenience store in Kuching Sentral here at 3.45pm on May 13.
Judge Dayang Ellyn Narisa Abang Ahmad convicted Andy James, 32, on a charge framed under Section 6(1) of the Corrosive and Explosive Substances and Offensive Weapons Act 1958, which provides for a jail term of between five and 10 years, and whipping on conviction.
According to the charge sheet, Andy had a machete in a public place without permission of the authorities and without legal intent.
The accused, who was unrepresented, appealed not to be sent to prison and asked to be sentenced to do community service instead.
Saying he carried the machete to protect himself, the accused informed the court that he was a first-time offender.
DPP Tan Chuan Yi, however, requested that the accused be given an appropriate punishment taking into account the severity of the offence and the frequency of such cases being committed.
Tan also said the accused did not try to commit any other offences when he was caught with the weapon.
Based on a police report, the accused only made noise in front of the convenience store.
Judge Dayang Ellyn said the court was of the view that the accused should be punished under Section 294 of the Criminal Procedure Code but without sending him immediately to jail.
“An order under Section 294 of the CPC does not exonerate the accused on the offence, rather, the conviction of the accused would appear on the record for a very long time.
“I hereby order the accused to be released on a bond of good behaviour under Section 294 with two local sureties of RM8,000 for two years,” said the judge.