JOHOR BAHRU: The Johor Bahru High Court has actually reversed a caning sentence for an 18-year-old teen who was charged for animal abuse and setting a dog on fire.
Braden Yap Hong Sheng was sentenced by the Johor Bahru Sessions Court in April to receive 7 strokes of light caning and be put on a good behaviour bond for one year with a surety of RM10,000 (US$2,200). The caning was because of be performed on Sunday (May 21) in court.
However, on Sunday early morning, High Court Judge Abu Bakar Katar ruled that the caning sentence be reversed however supported the 1-year good behaviour bond.
He said that the sentence was reversed based upon the phrasing of Section 293 of Malaysia’s Criminal Procedure Code (CPC).
The judge explained that according to the CPC, a male youth culprit founded guilty of any offense might be whipped with a light walking stick within the court property rather of granting any regard to jail time or good behaviour bond – however not both.
Speaking to press reporters after the High Court judgment, Yap’s legal representative G K Sritharan verified that his customer would now just serve the 1-year good behaviour bond.
“We were summoned by the High Court this morning by Justice Abu Bakar and we were informed of the judgement,” said Mr Sritharan.
“So (my client) should not get involved in any offences in the future, especially so for the next 12 months,” he included.
Mr Sritharan likewise said that his customer’s hand was fractured throughout the occurrence with the dog which caning might cause additional injury.
“One arm was already broken and he has not recovered fully from it. And to inflict harm on him now may be too harsh, I don’t know,” said Mr Sritharan.
“Of course, the (overturning of the caning sentence) will make this case viral again – they will say ‘it’s not fair’ etc, but it will be ok. My client can go on with his life,” he included.
