KOTA KINABALU: A jobless man was sentenced to 10 years' jail plus one stroke of the rotan by the Sessions Court here for committing gang robbery.
Azmil Ahmad Hassan, 27, was ordered to serve his custodial sentence from the date of arrest on May 5.
Judge Noor Hafizah Mohd Salim meted out the sentence on Azmil after he pleaded guilty to the offence.
Azmil and another person still at large had robbed a 27-year-old man of a gold necklace on April 26 at 11.25pm at Jalan Tugu, Kg. Air in the state capital.
According to the facts of the case, the victim, who was on his way home from work, was tailed by three unknown men, including the accused.
One of the men asked for cigarettes and money from the victim but was refused because the victim had nothing in his possession. Suddenly, another man snatched the victim's gold necklace from behind and fled towards Sinsuran.
The victim did not dare to do anything as two other men surrounded him. The victim just proceeded walking home while the two men went to Sinsuran. The accused was arrested on May 5, following a police report lodged by the victim.
In seeking leniency, the unrepresented accused told the court that he committed the crime out of desperation.
He claimed that his wife was pregnant at that time and he could not afford to pay the room rent. Apart from that, he also claimed that his predicament in the past also went viral on social media because he used to stay at a mosque with his kids.
"That's why I ended up committing this crime," he said, adding that he was also a first-time offender.
In reply, Deputy Public Prosecutor Dacia Jane Romanus urged for an adequate sentence taking into consideration the amount of loss which involved RM700 and the fact that the offence was committed in a public area.
Meanwhile, Azif Hafizan Abdullah, 32, who was jointly charged with Azmil today, pleaded not guilty.
The court fixed April 6, 2022, for trial and March 24, 2022, for pre-trial case management.
Azif who was also unrepresented will be further detained pending disposal of the case.
Punishment for gang robbery is imprisonment of up to 20 years, and is also liable to whipping, upon conviction.