COURT OF APPEAL PUTRAJAYA
PP – Appellant
Versus
MOHAMED DANNY MOHAMED JEDI – Respondent
[Criminal Appeal No: W-05(H)-390-10/2016]
| Table of Content |
|---|
| 1. context of sentencing for terrorist financing. (Para 1 , 2 , 3) |
| 2. public prosecutor appeals for enhanced sentencing. (Para 4 , 5) |
| 3. seriousness of terrorist offences. (Para 6 , 7) |
| 4. public interest and deterrence in sentencing. (Para 8) |
[1] This appeal is set in the context of the sentencing of an offender who engages in a terrorist financing offence.
[2] The charge against the respondent read as follows:-
"Bahawa kamu di antara 28 Januari 2016 hingga 5 Mac 2016 di akaun Maybank nombor 154110259028 yang beralamat di Maybank Cawangan Ayer Keroh, G-6, Lebuh Ayer Keroh, Hotel King, dalam daerah Melaka Tengah, dalam Negeri Melaka, telah dengan pengetahuan mengendalikan secara tidak langsung harta pengganas yang bernama Muhammad Wanndy bin Mohamed Jedi (No KP: 901116-04-5293), dengan cara membenarkan kemasukan wang sebanyak RM12,130 dan pengeluaran wang sebanyak RM10,000 dari akaun Maybank berkenaan bagi manfaat pengganas tersebut yang merupakan satu kesalahan di bawah s 130Q(1) Kanun Keseksaan dan boleh dihukum di bawah peruntukan yang sama.".
[3] The respondent pleaded guilty and was duly convicted under s 130Q(1) of the Penal Code . After having considered the written and oral submissions by the parties, the learned Judicial Commissioner ("JC") sentenced the respondent to four years imprisonment from the date of arrest (18 May 2016).
[4] Disenchanted with the said sentence, the Public Prosecutor ("PP") has now appealed to this COURT urging for enhancement of the sentence.
[5] For the reasons that follow, we found there was merit in this appeal and accordingly we allowed the appeal by the PP. The sentence of four years imprisonment imposed by the High COURT was set aside and substituted it with an imprisonment term of eight years with effect from the date of arrest. (18 May 2016).
The Factual Background
[6] Shorn of unnecessary details, the relevant facts giving rise to this appeal may be shortly stated as follows:-
(i) The respondent is the elder brother of Muhammad Wanndy Mohammed Jedi, the Malaysian Islamic State ("IS") militant leader based in Syria.
(ii) The respondent received instruction from Muhammad Wanndy through "Whatsapp" application to accept cash deposit into his Maybank account at the Ayer Keroh branch in Malacca.
(iii) The respondent was also told to withdraw the money and distribute it to several individuals in Iraq via the Western Union service and he would be given between RM100 and RM300 for each transaction he made.
(iv) On 28 January 2016 and 29 January 2016, one Azuddin bin Mahmud had deposited RM1,000 and RM2,500 respectively into the respondent's Maybank account. On 29 January 2016, the respondent withdrew a sum of RM3,300 from an Automated Teller Machines (ATM) located at Port Klang, Selangor On the same day, the respondent made a transfer of RM3,200 (inclusive of GST and processing fee) to one Hazim Sabri Ahmad in Iraq via Wester Union service.
(v) On 18 February 2016, one Bukhori bin Che Noor deposited RM4,300 into the respondent's bank account. On the same day, he withdrew a sum of RM4,300 from an ATM located at Kapar, Selangor The respondent then made a transfer of RM4,100 (inclusive of GST and processing fee) to one Abdul Salam Yusof in Iraq via Western Union service.
(vi) On 3 March 2016, one Mohd Haniffa bin Syedul Akhar deposited RM2,400 into the respondent's bank account. On the same day, he withdrew a sum of RM2,400 from an ATM located at Sungai Buloh, Selangor The respondent then made a transfer of RM2,300 (inclusive of GST and processing fee) to one Suaad Abbid El Ghani Ahmad in Iraq via Wester Union service. On 5 March 2016, one Mohd Haniffa deposited RM1,930 into the respondent's bank account.
(vii) A total of RM12,130 was deposited into the respondent's Maybank account between January 28 and March 5, 2016. The respondent had withdrawn RM10,000 and distributed RM9,900 to those three individuals for the benefit of the terrorist concerned.
(viii) Police investigation showed that one Mohd
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