Sentences for multiple distinct offences must run consecutively to reflect their gravity, considering public interest and the principle that a guilty plea does not guarantee a reduced sentence.

[1]This is an appeal by the accused against sentence. The accused filed a notice of appeal in enclosure 20 against the consecutive order of the sentence, counsel for the accused filed a notice of appeal in enclosure 24 against sentence.

CASE FOR THE PROSECUTION

[2]The accused was brought before this Court on 19.7.2024. The prosecution tendered an amended charge and was marked as exhibit P1.

[3]The amended charge was read and explained to the accused in Malay. The amended charge read—

Bahawa kamu pada 23.7.2023 jam lebih kurang 9 pagi bertempat di Car Wash Ari Tanjung Rambutan di daerah Kinta di dalam negeri Perak Bersama 6 orang lagi yang masih bebas telah melakukan rompakan berkumpulan menggunakan parang samurai terhadap harta milik Karunah Karan a/l Paramasivam (No. KPT: 940901-08-5647) seperti berikut:-

a.seutas rantai emas bernilai RM20,000;

b.sebuah telefon bimbit Oppo Reno 7;

c.wang tunai bernilai 559;

d.kad ATM Maybank.

Oleh yang demikian, kamu telah melakukan kesalahan di bawah seksyen

395 Kanun Keseksaan yang dibaca bersama seksyen 397Kanun Keseksan

[4]The accused admitted he understood the charge read and explained to him in Malay and pleaded guilty.

[5]The nature, consequence and penalty of pleading guilty was read and explained to the accused in Malay. The accused understood the nature, consequence and penalty read and explained and maintained his plea of guilty.

[6]The prosecution tendered these exhibits---

a.amended facts of the case - read and explained to the accused in Malay – the accused understood the amended facts of the case read and explained in Malay and admitted as correct – facts of the case as amended marked as exhibit P2;

b.police report/Tg Rambutan/1531/23 – marked as exhibit P3;

c.police report/Pasir Putih/3152/23 – marked as exhibit P4;

d.8 photographs of the scene of crime – marked as exhibit P5(A)-(H);

e.3 photographs of the exhibits – marked as exhibit P6(A)-(C);

f.borang bongkar – marked as exhibit P7;

g.identification parade report – marked as exhibit P8;

[7]All the exhibits were shown and explained to the accused and the accused admitted all the exhibits as correct.

[8]The Court accepted the guilty plea of the accused and found the accused guilty.

[9]Mitigation by the accused through defence counsel read—

36 tahun, penternak ikan RM2,000 sebulan, tanggung isteri dan 5 anak umur 11, 7, 4, 2, dan 2 bulan. OKT terima anak baru May lepas. OKT ditangkap di rumah dan beri kerjasama dan akuan salah jimat masa dan kos. Diskaun hukuman, insaf, sesal, janji tak ulang, OKT ngaku kesalahan lama dan 5 tahun 1 sebatan di MSJ4 dari tarikh sabitan. 4 tahun dan 1 sebatan di MSJ1. Pohon minima.

[10]Reply by learned DPP reads—

S.395Kanun KeseksaanS.397

THE SENTENCE

[11]The Court accepted the guilty plea of the accused, found the accused guilty and convicted the accused of the charge preferred against him, and sentenced the accused to 6 years imprisonment, to run consecutively with the sentence under case numbers AA-62RS-35-08/2023 and AA-62RS-37-08/2023 and 2 whippings.

THE CONSECUTIVE ORDER

[12]Subsection 292(1) Criminal Procedure Code [Act 593] When a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced to imprisonment, such imprisonment shall commence either immediately or at the expiration of the imprisonment to which he has been previously sentenced, as the Court awarding the sentence may direct