JOHOR BARU: The High Court here has actually dismissed the light caning sentence of the youth who pleaded guilty at the Sessions Court for setting a dog on fire.
High Court Judge Datuk Abu Bakar Katar decided after examining the sentence that was provided by the Sessions Court to 18-year-old Braden Yap Hong Sheng on April 19.
Also read: Teen who set dog on fire sentenced to 7 strokes of light walking stick in open court
Yap was formerly sentenced to be caned gently 7 times in open court on May 21 and be put on a good behaviour bond for one year with a surety of RM10,000 by Sessions Judge Datuk Che Wan Zaidi Che Wan Ibrahim.
Lawyer G. K. Sritharan, who represented Yap, said that the High Court Judge (Abu Bakar) called the prosecution and defence counsel on Sunday (May 21) to hear the modifications in sentence.
He said that the High Court Judge has actually withdrawed the light caning sentence, so Yap will just require to go through the 12-month good behaviour bond.
“The decision was made because under Section 293 of the Criminal Procedure Code (CPC), two sentences cannot be given,” said Sritharan.
The Sessions Court has given Yap a light caning and a good behaviour bond, which could not be done,” he included when satisfied by press reporters outside the court.
Section 293(1)(c) of the CPC enables the court to buy a male culprit to be whipped with not more than 7 strokes of a light walking stick within the court property and in the existence of the parent and guardian.
The case was prosecuted by deputy public district attorney Muhammad Syafiq Mohd Ghazali.
On April 12, Yap pleaded guilty to the charge of triggering unbearable discomfort to a brown female dog by beating it and setting it on fire.
The act happened at 1.49am on March 27 along Jalan Impian Emas 22, Taman Impian Emas.