Kota Kinabalu: A former Universiti Malaysia Sabah (UMS) security guard failed in his appeal against his conviction and sentence of 13 years’ jail and six lashes of the cane for attempting to rape a student.
High Court Judge Christopher Chin in delivering his ruling on Thursday dismissed Arshad Masdin’s appeal and affirmed the decision of the Sessions Court.
Chin held that the court found no reason to disturb the finding of the lower court judge.
Chin also ordered Arshad’s bail to be revoked.
Arshad, 30, was on June 30, 2020 found guilty by the Sessions Court after a full trial of attempting to rape the 18-year-old girl by tearing and removing her clothes at 12.30am on July 15, 2018 at the UMS hostel.
He was jailed 13 years effective from the date of his conviction and ordered to be caned six times.
Arshad was also ordered to be placed under police supervision for three years after serving the jail sentence.
He was convicted under Section 376(2)(a)/511 of the Penal Code which carries a jail term of between ten and 30 years and whipping, on conviction.
On April 23, 2021, Arshad was granted a bail pending his appeal to the High Court, which was increased to RM 30,000 with RM5,000 deposit in two local sureties.
On Thursday, Arshad, who informed the court that he would appeal to the Court of Appeal, was denied a stay.
Arshad was represented by counsel Shahlan Jufri while Deputy Public Prosecutor Rozanna Abd Hadi appeared for the prosecution.
Meanwhile, a 19-year-old man was fined RM1,000 or two months’ jail for having gambling paraphernalia.
Chong Vun Kian pleaded guilty before Magistrate Lovely Natasha Charles to purchasing five lottery tickets illegally at 4.45pm on Oct 21, last year, at the staircases next to a shop, Beverly Hills Plaza, Penampang.
The court was informed by the prosecution that Chong was arrested by police during Ops Dadu for being involved in illegal gambling activity and also seized RM65 from him.
Duty counsel Lim Ming Zoong @ Lawrence, representing Chung, requested a lower fine on the grounds that he is working part-time at a pawnshop and applied for his social report to be dispensed with to save the court’s time.
In another case, a 41-year-old man was fined RM25 or one day’s jail for behaving in a threatening way against his wife.
Zainufl Arifine admitted to committing the offence at 7.20pm on Jan 25 this year in a unit at Block E, Country Height, Jalan Bantayan.
He was charged under Section 8(1)(e) of the Minor Offences Ordinance which carries a fine of RM25.
Inspector Kelvan Elson Maik prosecuted.
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