Jail term in domestic abuse case remains same after revision

Fadley Faisal

Chief Justice Dato Seri Paduka Steven Cong revised a case which came to his attention in the High Court, involving a local man on the offences of domestic abuse.

Mohd Azmil bin Amir was sentenced to one year and six months’ jail, along with one caning, after pleading guilty in the Magistrate’s Court on April 4, to four counts of assault, assault using a dangerous weapon and two counts of aggravated criminal intimidation.

On August 8, the Magistrate referred the case to the High Court to consider exercising its powers of revision, as the Magistrate’s Court did not have jurisdiction to hear the offences of aggravated criminal intimidation.

The Public Prosecutor, represented by Deputy Public Prosecutor (DPP) Hajah Rozaimah binti Haji Abdul Rahman, conceded with the High Court in the error to bring the aggravated criminal intimidation offences before a higher court. The DPP also submitted that the Magistrate’s Court sentence is “within the sentencing range” for the two offences.

The Chief Justice, on revising the case, was of the view that a higher jail sentence would have been more appropriate.

“The proper overall sentence in the result should be three years’ imprisonment, instead of one year and six months,” the Chief Justice suggested.

“However, I do not think it is fair now to increase the sentence, bearing in mind the defendant was sentenced in the court below over six months ago, and the prosecution did not appeal against the inadequacy of the sentence.”