KUALA LUMPUR: A youth who was found guilty of stealing a RM800 smartphone at Low Yat Plaza two years ago, failed in his appeal to set aside his conviction for theft.
High Court Judicial Commissioner Ab Karim Ab Rahman ruled that the Magistrate’s Court did not make any error in finding Shahrul Anuar Abdul Aziz guilty of stealing the phone.
“The accused had failed to raise a reasonable doubt to the prosecution’s case.
“Therefore, the court finds him guilty under Section 379 of the Penal Code for theft instead of Section 380, which was the original charge,” he said.
Shahrul initially claimed trial on July 14, 2015, under Section 380 for phone theft.
Section 380 relates to any theft committed inside a building premise.
Karim also dismissed the prosecution’s appeal to increase Shahrul’s 4-month jail sentence.
“The Magistrate’s decision to impose a jail term of four months is sufficient,” he added.
Karim allowed lawyer Shaharudin Ali, representing Shahrul, a stay of execution on the jail sentence pending his final appeal at the Court of Appeal.
The case had originated from the Magistrate’s Court, and the final avenue for Shahrul to beat his charge will be at the appeals court.
Last year, he was jailed four months and fined RM1,000 by the Magistrate’s Court for stealing a Lenovo smartphone at Low Yat Plaza.
Shahrul paid his RM1,000 fine.
His alleged actions had resulted in a much-publicised racial riot outside the mall, with Malay NGOs claiming discrimination and cheating by traders.