KUALA LUMPUR: Jobless youth Shahrul Anuar Abdul Azizi whose smartphone theft purportedly triggered a riot at Plaza Low Yat last year, was today sentenced to four months jail and RM1,000, in default one month's jail, by the magistrate's court.
Magistrate Nur A'minahtul Mardiah Md Nor, in finding Shahrul guilty, said the defence had failed to raise reasonable doubt in the case.
"This case has garnered a lot of public interest and sentencing should reflect the fact that the court views such offences seriously.
"When the court sentences an offender, our priority is to rehabilitate the offender, to enable him to go back to society."
Shahrul who was dressed in a green T-shirt and jeans, was calm during sentencing.
His father, who is unable to hear or speak, was seated in the public gallery watching the proceedings, often looking at his son in the dock.
Shahrul, 23, had claimed trial to stealing a black coloured Lenovo S860, priced then at RM800, from a smartphone kiosk at the mall in Bukit Bintang around 4.47pm on July 11. He was charged under Section 380 of the Penal Code, which carries a jail term of up to 10 years and whipping, upon conviction.
The theft happened prior to a riot outside the mall, that led to multiple arrests.
The defence immediately, applied to the court for a stay of execution for the jail sentence pending appeal to the High Court, which was granted by Nur A'minahtul.
He paid the RM1,000 fine.
Earlier, Shahrul's counsel Shahruddin Ali, in mitigation, said his client was from a very poor family and had resorted to stealing the smartphone when he (Shahrul) was robbed of his phone, wallet and money, on the morning of the incident.
"The hardship he has endured in his life, due to being very poor, was also a contributing factor for him committing the theft.
"He was also assaulted by the phone kiosk's owners immediately after the incident. My client must be given a chance to turn his life around as he longs to return to society as a rehabilitated person, who only wants to be successful in life and look after his parents," said Shahruddin.
Deputy public prosecutor S. Malini Anne, in seeking a deterrent custodial sentence said theft is a rampant and serious crime that occurs everyday
"The fact that the accused comes from a poor family, is not an excuse for him to commit theft. The sentence also should be deterrent for others contemplating similar crimes."