| Fadley Faisal |
TWO defendants of a gang robbery applied for their sentences to be reduced and the Court of Appeal refused one whilst granting the other a reduction.
Justice Barry Mortimer assisted by Justices Leonard and Burrell decided to refuse Aris Irawan of leave out of time to appeal, after perusing the circumstances of the sentences, that seven years’ jail with 12 strokes of the cane was already the minimum sentence required by law and that the Court of Appeal has no power to reduce that sentence and the appeal, just like any other in the same circumstances, will fail.
It was considered from the fact that Aris pleaded guilty to one count of gang robbery armed with a deadly weapon.
Yuli Rudi Wijayanto’s sentence was revised from a total of 14 years and eight months’ jail with 12 strokes of the cane to 12 years with 12 strokes as the Court of Appeal thought it was too high even for the ‘enormously’ serious offences committed.
Facts of Yuli’s case taken into consideration by the Court of Appeal was that first Yuli and his partners-in-crime woke the sleeping occupants and told them to be quiet and frightened them.
Second, Yuli and the others also woke up the husband and his wife, tied them up with wires and then used a machete to threaten the wife so that the husband opened his safe. Yuli was one of them who handled the machete.
DPP Pg Jasmine Pg Hj Bahrin appeared as respondent.