Kota Kinabalu: Two men were acquitted of a gang robbery charge, while their co-accused was sentenced to 12 years’ jail and two strokes of the cane after being found guilty of robbery.
Sessions Court Judge Amir Shah Amir Hassan discharged and acquitted Sharizan Sablee, 26, and Zamree Said, 37, after finding that they had raised reasonable doubt in the prosecution’s case.
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However, the court convicted Mohd Melvin Matdi, 38, after ruling that the prosecution had proven its case beyond reasonable doubt against him.
The court ordered Mohd Melvin to serve the sentence from the date of his arrest on March 10, 2024.
Mohd Melvin was found guilty of a lesser charge under Section 392 of the Penal Code for robbery, which carries a jail term of up to 14 years, and may also include a fine and whipping upon conviction.
In delivering the decision, the court ruled that since Sharizan and Zamree had been acquitted, the element of “gang robbery” could not be established.
“However, the element of robbery had been proven and the court amended Mohd Melvin’s charge to a lesser offence under Section 392 of the Penal Code,” the judge said.
The trio had initially been charged under Section 395 of the Penal Code for gang robbery, which provides for imprisonment of up to 20 years and whipping upon conviction.
They were accused of robbing a 40-year-old woman of her handbag at the Pasar Tamu site in Manggatal on March 7, 2024.
During the trial, both the prosecution and defence called five witnesses each.
Deputy Public Prosecutor Bryan Francis appeared for the prosecution. Sharizan and Zamree were unrepresented, while Mohd Melvin was represented by counsel Sylvester Kuan.
