KOTA KINABALU: Two men who used samurai swords or 'katana' to rob a restaurant in Papar last month were jailed 22 years and given 10 strokes of the rotan by the Sessions Court here for the offence.
Mohammad Izauddin Mohammad Huzir, 30, and Mohamad Shahrizal Hussien, 23, pleaded guilty before Amir Shah Amir Hassan.
For the first charge, Izauddin and Shahrizal were each sentenced to 10 years jail plus five strokes of the rotan for committing armed robbery on March 23, at 12.05am at a restaurant in Papar.
Izauddin robbed a 22-year-old man of cash and an iPhone 11, while Shahrizal robbed a 21-year-old man of his Huawei Y5 smartphone.
For the second charge, Izauddin and Shahrizal received another 12 years jail and five strokes of the rotan for armed gang robbery against the same victims at the same time and place.
The charges, under Section 395 of the Penal Code, read together with Section 397 of the same Code, carries a jail term of up to 20 years and whipping, on conviction.
The court ordered the custodial sentence to run concurrently.
According to the facts of the case, two restaurant workers were about to close the eatery for the day when Izauddin and Shahrizal, wearing masks and armed with swords, entered the restaurant via the back door.
Izauddin went to the restaurant's counter and demanded cash while Shahrizal pointed a sword to another victim.
During mitigation, both accused asked for leniency saying that they were still young.
Shahrizal also told the court that he had an elderly parent and many siblings to look after.
Deputy public prosecutor (DPP) Najihah Farhana Che Awang urged for a deterrent sentence, saying that the victims suffered trauma due to the incident.
A deterrent sentence, she said, would also serve as a lesson for the public at large.
Meanwhile, in an unrelated case at the same court, a lorry driver was sentenced to eight years jail and one stroke of the rotan for causing hurt to a part-time shop assistant during a robbery.
Sharulnizam Ahmad, 23, was found guilty of committing the offence against a 17-year-old girl at 8pm on Jan 15 near Kedai Lucky Store in Sulaman Central, near here.
The offence under Section 394 of the Penal Code provides for a jail term of up to 20 years, and whipping, upon conviction.
The incident occurred when the victim and her friend were waiting for an e-hailing car to go home.
A car stopped near them and an unknown man (later identified as accused) borrowed a mobile phone from one of them to call someone.
When the victim was dialling the numbers on her phone, the accused suddenly grabbed the phone from her hand.
The victim tried to take her phone back but ended up falling and being dragged on the road. The victim failed to get her phone back and suffered injuries to her face, body and legs.
The victim lodged a police report which led to the accused's arrest on Jan 19.
In mitigation, Sharulnizam told the court that he needed to take care of his elderly mother who depends on him.
In applying for a heavy sentence, DPP Najihah said that the accused not only robbed the victim but had also caused hurt.