GEORGE TOWN, April 21 — The High Court has set aside a 12-month jail sentence imposed on a couple for committing an indecent act at a Chinese cemetery in March, ordering their immediate release.
However, in allowing a criminal review application by the defence to overturn the sentence handed down by the Magistrate’s Court on March 26, Judge Rofiah Mohamad maintained the couple’s convictions.
The court commuted their sentences to the period already served, from the date of their arrest on March 23 until the disposal of the review today, resulting in their release.
Earlier, defence counsel Datuk Naran Singh argued that the 12-month sentence was excessive, despite accepting the conviction.
“The conviction is upheld, but we are requesting that the 12-month prison sentence be set aside because it is too severe,” he submitted.
Deputy Public Prosecutor Muna Mohamed Jaafar did not object, informing the court that the prosecution accepted the representation.
In delivering the decision, Judge Rofiah said there was no reason to reject the agreement reached between both parties, noting that it was consistent with the representations submitted.
The couple had been sentenced to 12 months' imprisonment by the Magistrate’s Court on March 26 after pleading guilty to committing an indecent act at a Chinese cemetery in Batu Gantung at 8.30am on March 22.
They were charged under Section 377D of the Penal Code, read together with Section 34 of the same law, which carries a maximum penalty of two years’ imprisonment.
