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1975 MarsdenLR 34

FEDERAL COURT KUALA LUMPUR
TAN SOO HAR – Appellant
Versus
PP – Respondent
[Criminal Appeal No: 21 Of 1974]



Petitioner Advocates:Paramjit Singh ,Respondent Advocate: Lamin Haji Yunos

JUDGMENT

Ali FJ:

read by Suffian LP

[1] The appellant pleaded guilty to a charge of resisting arrest by shooting at the police with an automatic pistol. He was convicted and sentenced to 18 years' imprisonment to take effect on the expiry of his sentence of Eight years which he was still serving. His appeal against sentence is on the ground that it is unreasonable and manifestly excessive.

[2] Since the maximum sentence allowed by law is 20 years a sentence of 18 years does seem severe. But is it unreasonable and manifestly excessive?

[3] In passing sentence the trial Judge took into account that the appellant has a string of previous convictions which do not speak well for him. He has not shown any sign of repentance despite his long years in prison. On the other hand when threatened with arrest he had no hesitation in using a firearm which was later found on him when arrested.

[4] He told the Court that he had acted foolishly.

[5] In view of the crime situation in this country particularly in Ipoh where the learned Judge has lived for many years and in view of the clear intention of the Legislature in passing the Firearms (Increased Penalties) Act No 37 of 1971 it must be obvious that the appellant cannot expect leniency from the Court. As there is nothing on record to show that the sentence imposed is unreasonable or manifestly excessive we are unable to see how this Court can interfere.

[6] We would dismiss the appeal.

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