Ex-soldier escapes jail term over weapons charge

PUTRAJAYA: An ex-soldier was bound over on a good behaviour bond over a charge of unlawful possession of a sword and flip knife.

A three-man Court of Appeal bench chaired by Ahmadi Asnawi said Asri Che Din should be given a second chance as it was not a serious offence.

“In the circumstances, you should be bound over on good behaviour and the five-year jail term should be set aside,” Ahmadi said in allowing Asri’s appeal on the sentence.

He also said the definition in the Penal Code that a non-serious offence must carry a jail term of 10 years and below should be extended to other penal laws.

Others on the bench were Kamardin Hashim and Abdul Karim Abdul Jalil.

Asri, who has been in prison for seven months, must post RM3,500 with one surety to secure his freedom.

He was bound over for five years but would be sent to jail if he committed any criminal offence during that period and the bond will be forfeited.

Asri, 48, committed the offence on July 3 last year at Taman Impian Warisan in Ulu Langat district, Selangor.

Police found the sword in his car boot and the knife in a bag when they stopped his vehicle.

He was charged under section 6 (1) of the Corrosive and Explosive Substances and Offensive Weapons Act 1958 which carries a minimum five-year jail term and maximum 10 years’ imprisonment.

The Sessions Court had allowed Asri to be bound over as he was a first offender, pleaded guilty and was a former soldier.

However, following an appeal by the prosecution, the High Court on April 4 this year reversed the non-custodial sentence and ordered Asri to serve a five-year jail term.

Lawyer A Jayaseeelan, who represented Asri, told the bench today that the High Court judge misread the law in reversing the sentence imposed by the Sessions Court.

He said the judge was wrong in ruling that the definition of serious and non-serious offences were only applicable to charges prescribed in the Penal Code and not to other penal laws.

He said although Asri’s charge fell outside the Penal Code, it was still considered a non-serious offence as the maximun penalty under the Corrosive and Explosive Substances and Offensive Weapons Act was only a 10-year jail term .

The bench agreed with Jayaseelan.

The lawyer hopes the bench delivers a written judgement to guide subordinate courts when imposing sentence. - FMT