KUALA LUMPUR: The Court of Appeal has upheld the seven-year prison sentence imposed on an unemployed man for slashing and injuring former Besut district police chief Supt Mohd Zamri Mohd Rowi with a machete six years ago.
A three-judge panel, comprising Justices Datuk Che Mohd Ruzima Ghazali, Datuk Azman Abdullah and Datuk Mohamed Zaini Mazlan, made the decision after dismissing the final appeal of 39-year-old Mohd Nasli Mohd Nasir against the sentence imposed by the Kuala Terengganu Sessions Court in 2022.
Based on the grounds of judgement issued on Sept 8, Justice Che Mohd Ruzima said the court found that the Sessions Court judge had taken into account all circumstances, including the mental condition of the appellant, Mohd Nasli, when deciding on an appropriate sentence, and that the decision had also been upheld by the High Court.
According to him, the appellant was appealing solely against the sentence, with the primary ground of the appeal being his mental condition, as he suffers from schizophrenia.
He said that under Section 84 of the Penal Code, the defence of insanity is absolute, and if successfully established, the accused is not held responsible for the act committed.
“During the trial, the appellant did not reach the threshold under Section 84 and was found to be of sound mind at the time of the offence. The trial judge did not err and had considered the interests of the appellant, his mental condition, as well as the public interest in sentencing.
“We find that the trial judge adequately considered all factors before imposing the sentence on the appellant. The sentence is fair and not manifestly excessive. We therefore see no reason to interfere with the lower court’s decision,” the justice said when delivering the judgement on Aug 5.
Mohd Nasli was convicted of injuring Mohd Zamri by slashing his head with a machete, resulting in serious head injuries and the loss of his right thumb.
The offence was committed in front of a house in Taman Cordoba Residence, Padang Luas, Jerteh, Besut, at about 12.30 pm on Aug 15, 2019, under Section 326 of the Penal Code, which carries a maximum sentence of 20 years’ imprisonment, a fine, or whipping if convicted.
According to the facts of the case, on Aug 15, 2019, Mohd Zamri, the appellant’s neighbour, discovered upon arriving at his home that the coconut tree he had planted by the roadside in front of his house had been uprooted and discarded in his yard.
The appellant then arrived in front of Mohd Zamri’s house in a vehicle, questioned the planting of the coconut tree, and told the victim to seek permission before growing it.
Dissatisfied and berating Mohd Zamri, the appellant got out of the vehicle and ran after the victim, attacking him on the head with a machete.
The appellant’s second slash struck the victim while he was holding the wound on his head from the first attack, injuring his hand and severing his right thumb.
The proceedings were conducted by deputy public prosecutor Zaki Asyraf Zubir for the prosecution, while the appellant was represented by counsel Datuk Mohd Yazid Mustafa. – Bernama
