Kota Kinabalu: The Court of Appeal retained the 10 years’ jail but set aside the fine imposed on a 26-year-old man for human trafficking and being a middleman in prostitution activity.
Justices Datuk Hadhariah Syed Ismail, Datuk Supang Lian and Datuk Seri Mariana Yahya unanimously made the decision on James Jeffrey after hearing arguments from both parties on Monday.
Jeffrey was appealing against his sentence.
He was sentenced to 10 years’ jail and fined RM10, 000 or another nine months after he pleaded guilty to trafficking a young girl for the purpose of exploitation.
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James committed the offences together with two co-accused between Aug 28, 2020 and Sept 6, 2020 in Taman Indah Jaya, Sandakan.
The first charge under Section 14 of the Anti-Trafficking in Persons and Anti-Smuggling of Mogrants Act 2007 (Atipsom).
The second charge falls under Section 372(1)(f) of the Penal Code and carries a jail term of up to 15 years, and whipping, on conviction.
The Sessions Court in Sandakan ordered James to serve the jail sentences concurrently from the date of arrest on Sept 7, 2020.
James then filed an appeal to the High Court who on April 20, 2021 dismissed his appeal and upheld the sentences imposed by the lower court.
Earlier, counsel Wesley Chang who represented James on a pro bono basis, among others, submitted that the jail sentence, although run concurrently, was manifestly excessive considering it involved one single transaction and three victims.
He also urged the court to set aside the fine.
In reply, Deputy Public Prosecutor Muhammad Azmi Mashud argued that the jail sentence imposed was not manifestly excessive and as for the fine, he leaves it to the court.
Muhammad said that James had committed the offences together with another two men and the two co-accused did not appeal against the sentence.
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