KUALA LUMPUR, March 22 — The High Court here today upheld the conviction and sentence of five years’ imprisonment and whipping meted out by a lower court on a businessman for possession of a samurai sword in the compound of his apartment last year.
Judge Datuk Mohd Sofian Abd Razak, in dismissing the appeal by Shamsainy Abu Kasim, 44, said there was no merit in the appeal to set aside the conviction and sentence.
In the judgment, Mohd Sofian said Shamsainy had committed an offence for possession of the samurai sword, which was listed as a scheduled weapon under the Corrosive and Explosive Substances and Offensive Weapons Act 1958.
“The court finds the conviction by the Sessions Court in order and the sentence imposed on the appellant is the most minimum stipulated by the law. Hence, the court cannot change the sentence (that has been meted out), except to increase (the punishment).
Therefore, the court finds there is no merit in the appeal, and as such, the appeal is dismissed, the decision of the Sessions Court judge is upheld,” he said.
On July 5 last year, the Sessions Court sentenced Shamsainy to five years jail, to be served from the date of his arrest on June 14, 2017, and a stroke of the cane, after he pleaded guilty to possession of a samurai sword at Kondo Rakyat Desa Pantai Dalam here at 8.15pm on June 14, 2017.
In his appeal, Shamsainy said the punishment was too severe and requested that he be bound over on good behaviour bond with bail.
The prosecution, conducted by deputy public prosecutor Zalina Awang submitted that the appeal by the appellant that he had not intention of committing an offence was not a factor to be considered and he (Shamsainy) had pleaded guilty to the charge, as well as admitted to the facts of the case. — Bernama
