KUANTAN: A teenager, who was initially fined RM100 fine by the Magistrate's Court for violating the Movement Control Order (MCO) last year had his fine enhanced by the High Court here today.
The accused, who had made headlines last year when he left his girlfriend's body at a garage after he and the girl were involved in a road accident, was fined RM1,000 today or a month's jail.
On July 16 last year, the magistrate's court sentenced the Form Five student to do 120 hours of community service, ordered him to pay RM3,000 compensation to the victim's family, attend an interactive workshop organised by the Welfare Department and report to the nearest police station every month until he completes the community service.
He was charged under Section 43(1) of the Road Transport Act 1987.
For violating the MCO ruling, he was fined RM100, in default one day's jail by the same court.
Deputy public prosecutor Nasrul Hadi Abdul Ghani filed an appeal on July 22 last year and since both the sentences in the two charges involved the same facts, the deputy public prosecutor (DPP) applied for both appeals to be heard together.
Nasrual Hadi appealed against the earlier sentence saying the punishment meted out by the Magistrate's Court was insufficient and a heavier sentence should be imposed.
He said although the accused is a child and school student, the element of public interest should be given consideration because this was among the factors when meting out a heavier punishment over a lighter sentence.
"In this case, the accused was riding the motorcycle while the victim was riding pillion. The accident occurred about 3.15am during the MCO and there were no lights in the area, which was surrounded by oil palm plantations.
"As the rider, the accused should have proper control of the machine and better focus especially since the area had no proper lighting. The accident occurred when the accused hit a buffalo and the pillion rider was thrown off the machine before her head hit the road divider, and she died on the spot," said Nasrul Hadi.
Lawyer Ahmad Deniel Roslan, who represented the accused, said the sentence imposed by the Magistrate's Court was in accordance to the law, and it was educative and preventive in line with the accused's status as a child.
"The sentencing is appropriate, not too light or heavy. When at the lower court, the accused had pleaded guilty when he was produced in court.
"The accused is a Form five student who is now busy doing revisions to prepare for his Sijil Pelajaran Malaysia examination next month," he said.
Judge Datuk Zainal Azman Ab Aziz increased the RM100 fine to RM1,000 saying the case should not set a precedent for lighter sentences to be imposed in future cases.
In the incident last year, it was reported that the accused carried the victim, believed to be his girlfriend, on his motorcycle about 15km to her house before leaving her body in the garage .
The duo - accused and victim - were earlier involved in an accident when their motorcycle crashed into a buffalo lying in the middle of the road.
The victim suffered severe injuries while the accused (rider) escaped with light bruises.