JUDGMENT

Yeoh Wee Siam JC:

[1] On 20 March 2009 this court received a letter dated 17 March 2009 from Messrs T. Balasubramaniam, the advocates and solicitors for Tun Naing Oo, a Myannmar national ("the applicant"), informing the court that the applicant was sentenced by the Sessions court, Semenyih, Selangor ("the Sessions court") on 13 March 2009 for an offence under s. 6(1)(c) of the Immigration Act 1959/1963 to 100 days' imprisonment with effect from the date of arrest and two strokes of whipping.

[2] In the same letter, the applicant applied for a revision of the sentence for the following reasons:

1. the punishment of whipping is based on the discretion of the court;

2. the Applicant is a refugee from Myanmar and has just been registered with the United Nations High Commissioner For Refugees ("UNHCR");

3. the Applicant is facing pressure and persecution in his own country which resulted in him running away. The sentence of whipping would only add to his sufferings.

[3] The applicant is applying to this court for the sentence of whipping to be set aside.

[4] Based on the initial merits of the case as disclosed above, the court allowed the applicant's application to be registered as a