COURT ORDERS FATHER OF 10 CHILDREN TO SERVE 11 YEARS IN PRISON FROM THE DATE OF REMAND

 COURT ORDERS FATHER OF 10 CHILDREN TO SERVE 11 YEARS IN PRISON FROM

THE DATE OF REMAND

15/06/2023 

PUTRAJAYA, June 15 (Bernama) -- The Court of Appeal today ordered a father of 10 children to serve an 11-year prison sentence starting from the remand period, for25 offenses of cheating and misappropriation of property involving a loss of almost RM200,000.

A panel of three judges led by Datuk P. Ravinthran unanimously ordered Azmi Mat Hussin, 51, to serve his prison sentence from 15 Nov 2018 taking into account his remand period of one year and 13 days, thus reducing the period of imprisonment he is currently serving.

"The appeal against the sentence is partially allowed, the date in the order regarding the two cases is now read as 27 Nov 2019 amended to 15 Nov 2018, which is the remand date. The effect is that the appellant will serve a total of 11 years in prison which will now start on 15 November 2018," said Judge Ravinthran sitting together with Judges Datuk Ahmad Zaidi Ibrahim and Datuk Azman Abdullah.

Judge Ravinthran also reduced the number of lashes the accused received from 25 lashes to 24 lashes, according to Section 288(5) of the Criminal Procedure Code (CPC), which states that 24 lashes is the maximum number of lashes allowed according to the code.

"Given that the criminal offense committed is a commercial crime under Section 403 and 420 of the Penal Code, according to Section 288(4) of the CPC, whipping will be imposed through school discipline, which is using a fine cane," he said.

The prosecution was handled by Deputy Public Prosecutor Fauziah Daud while the accused was represented by lawyer Izleen Ismail from the National Legal Aid Foundation.

On 27 Nov 2019, the Shah Alam Magistrate's Court sentenced him to 11 years in prison and 25 lashes, after Azmi pleaded guilty to 25 counts of fraud and misappropriation of property and ordered him to serve his prison sentence starting from the date of conviction (27 Nov 2019).

The man then appealed against the sentence, but on 20 August 2021, the Shah Alam High Court rejected his appeal, and upheld the sentence.

Azmi was charged with 22 counts of defrauding three individuals by offering mobile phones, cars and motorcycles that did not exist and were lower than market prices, prompting the victims to deposit RM187,700 into their bank accounts around Shah Alam, Sungai Buloh and Kuala Lumpur on November and December 2017, according to Section 420 of the Penal Code.

He also faces three charges of misappropriating stolen property, which is money amounting to RM12,000 belonging to a woman, as payment for a motorcycle at a bank in Melaka between 13 and 27 Dec 2017 according to Section 403 of the Penal Code.

BERNAMA