High Court reduces caning sentence for man convicted of cheating
0 month ago, 27-Nov-2019
(From left) Chua, Ling and Ho (right) outside the court after the criminal revision.
SIBU: The High Court here today reduced the caning portion of the sentence on Ling Tzer Sheng, who had pleaded guilty to 44 counts of cheating, from 44 strokes to 24 in line with the Criminal Procedure Code (CPC).
Judicial Commissioner Lim Hock Leng, in exercising the courts revisionary powers under Section 323 of the CPC, ordered the sentence reduced following an application from two lawyers.
On Nov 21, Ling had pleaded guilty in the Magistrates Court here under Section 420 of the Penal Code for cheating and dishonestly inducing delivery of property involving the sum of RM369,290.
He was given 44 strokes of the rotan and was sentenced to 92 years imprisonment, which he will serve concurrently.
Yesterday, lawyers Orlando Chua and Boston Ho, who acted as the amicus curiae or friend of the court for Ling, submitted the application for criminal revision on the legality of the sentence of 44 strokes by the court.
Chua, who is also Advocates Association of Sarawak Sibu branch chairman, felt there had been a real travesty and miscarriage of justice regarding the sentence.
“There were 44 counts of cheating all under Section 420 of the Penal Code and the sentence of whipping has amounted to a total of 44 counts of the rattan.
“The learned deputy public prosecutor of whom I had the benefit of speaking to earlier has graciously concurred that the said sentence of whipping is illegal in law,” he told the court yesterday.
He said Section 288(1) of the CPC states: ‘When the accused is sentenced to whipping the number of strokes shall be specified in the sentence. In no case shall the whipping exceed 24 strokes in the case of an adult or 10 strokes in the case of a youthful offender, anything in any written law to the contrary notwithstanding’.
“My humble prayer is that the learned magistrate ought to have aggregated the sentence of whipping to conform with the strict requirement under Section 288(1) of the CPC,” said Chua.