Appeals Court reinstates ex-judges' six-month jail term, RM25,000 fine for robbery
A three-judge panel, chaired by Justice Datuk Mohd Nazlan Mohd Ghazali, upheld the Sessions Court's sentence after allowing the public prosecutor's final appeal to overturn the Shah Alam High Court's decision on July 31, 2023, which had reduced the sentence to one day's imprisonment and a RM12,000 fine.
In a unanimous decision, Justice Mohd Nazlan said corruption was a serious offence that undermined economic growth and denied the people their right to efficient services.
"What is even more serious in this case is that the offence was committed by a civil servant who was serving as a Sessions Court judge and entrusted with judicial responsibilities.
"This certainly betrays the trust of responsibility, erodes public confidence in the integrity of the judicial institution, and undermines the country's justice system," he said.
The panel included Justices Datuk Mohamed Zaini Mazlan and Datuk Wan Ahmad Farid Wan Salleh.
Justice Mohd Nazlan said after reviewing the appeal record, the court found that the Sessions Court judge had given due consideration to both the mitigating and aggravating factors, as well as the relevant sentencing principles, before handing down the sentence.
"There was an error in the High Court's reasoning in replacing the six-month jail sentence with one day, which did not justify interfering with the Sessions Court's ruling," he said.
He said the sentence imposed by the Sessions Court judge was proportionate, fair, reasonable and not excessive.
"Therefore, the court allows the prosecution's appeal. The sentence imposed by the High Court is set aside, and the Sessions Court's sentence of six months' imprisonment and a RM25,000 fine, in default of six months' jail, is upheld.
"The court also orders a committal warrant to be issued and the respondent (Azmil Muntapha) to be detained immediately," said Justice Mohd Nazlan.
It is understood that Azmil Muntapha will be taken to Kajang Prison.
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