An unemployed father of five was jailed for six months after he pleaded guilty to stealing groceries and baby formula worth RM394 from a supermarket in Kelantan last month.
This comes after Wan Eskandar Wan Julihi admitted to stealing 12 packets of milk formula, nine packets of Milo, soft drinks, snacks and a can opener from the PKT Pasir Tumboh supermarket on Oct 11.
NST reported that Wan Eskandar’s lawyer, Nik Nasrun Nazmi Nik Mohamad from the National Legal Aid Foundation, told the court that his client was jobless and left prison not too long ago.
Nik Nasrun also said his client has five children to support, pays RM300 in monthly rent, and battles multiple ailments such as heart disease, high blood pressure and psoriasis.
He added Wan Eskandar expressed remorse for his actions and pleaded for a lighter sentence.
Quoted Tamil proverb
However, Magistrate R. Vinoshen did not agree with the defence’s argument, saying that Wan Eskandar’s financial hardship and family responsibilities doesn’t give him the right to have a lighter sentence.
In his grounds of judgement, Vinoshen quoted a Tamil proverb from the Tirukkural, an ancient Tamil literary work written by philosopher Tiruvalluvar, which reads:
Even if one sees one’s own mother starving, one should not commit an immoral or disgraceful act that would invite condemnation from the wise.”
Not a first-time offender
Vinoshen also noted that Was Eskandar was no stranger to breaking the law as he was previously convicted of cheating under Section 417 of the Penal Code and sentenced to jail.
He added that while the court had considered Wan Eskandar’s personal circumstances, he reiterated that public interest and the need to deter repeat offenders must also be taken into account.
The magistrate also pointed out that a guilty plea, though a mitigating factor as it saved judicial time and costs, doesn’t automatically let an accused person escape a heavy sentence.
“Based on previous court decisions involving theft under Section 380 of the Penal Code, it showed that jail sentences generally ranged from one to three years.
“However, in this case, after considering the accused’s mitigating factors and the facts of the case, the court imposed only six months’ imprisonment, which is lighter than the existing sentencing trend for such offences.
“The sentence imposed is also proportionate to the offence committed by the accused,” he said.
READ ALSO:
M’sian Dad Of 4 Fined RM1,500 For Stealing Groceries, Says He Did It Out Of Desperation
