A couple convicted of an indecent act in a Chinese cemetery has been freed after the High Court commuted their 12-month jail term to time served.
GEORGE TOWN: The High Court here today set aside a 12-month jail sentence imposed on a couple for committing an indecent act at a Chinese cemetery.
Judge Rofiah Mohamad ordered their immediate release after allowing a criminal review application by the defence.
The court maintained the couple’s convictions but commuted their sentences to the period already served. This covered from their arrest on March 23 until the disposal of the review today.
Defence counsel Datuk Naran Singh had argued the 12-month sentence was excessive despite accepting the conviction. “The conviction is upheld, but we are requesting that the 12-month prison sentence be set aside because it is too severe,” he submitted.
Deputy Public Prosecutor Muna Mohamed Jaafar did not object to the application. She informed the court that the prosecution accepted the representation.
In her decision, Judge Rofiah said there was no reason to reject the agreement reached between both parties. She noted it was consistent with the representations submitted.
The couple had been sentenced by the Magistrate’s Court on March 26 after pleading guilty. They committed the act at a Chinese cemetery in Batu Gantung at 8.30 am on March 22.
They were charged under Section 377D of the Penal Code, read together with Section 34. The charge carries a maximum penalty of two years’ imprisonment.
