Kota Kinabalu: A 41-year-old man was on Wednesday sentenced to 12 weeks’ imprisonment by the Magistrate’s Court here for stealing six cans of beer from a convenience store.
Whelan Mauritius pleaded guilty before Magistrate Dzul Elmy Yunus to committing the offence on March 24, at 11.23am at Mix Store, Lido Plaza, Penampang.
He was charged under Section 380 of the Penal Code, which provides for imprisonment of up to 10 years and a fine, and for a second or subsequent offence, whipping.
The court heard from the prosecuting officer that the complainant and a colleague noticed a man, later identified as Whelan, acting suspiciously inside the shop and observed him placing several cans of alcoholic drinks into his sling bag.
Whelan then left the premises without making any payment.
The complainant gave chase and detained him.
A check of the bag revealed six cans of Tiger beer belonging to the shop.
Police were alerted and later arrested Whelan, with the stolen items seized.
Unrepresented, Whelan pleaded for Compulsory Attendance Order (PKW), citing that he suffers from a mental-related illness but is able to control it.
He said he is single and previously worked in maintenance.
The prosecution applied for an appropriate sentence, saying that the stolen items were valued at about RM50 and that Whelan has a previous conviction for a similar offence involving theft of alcoholic drinks.
Dzul Elmy declined the request for a PKW, noting Whelan’s health condition, which made him unsuitable for community service as it involve physical activity which might affect his health.
He also advised Whelan to moderate his alcohol consumption.
Inspector Mohamad Hamidi Mohamad Hamzah prosecuted.
