SIBU: The High Court here upheld the 12 months’ imprisonment imposed by the lower court on a serviceman who was convicted of voluntarily causing hurt to his wife.
In dismissing the appeal yesterday, Justice Wong Siong Tung said the court is of the view that there is ample evidence to justify the lower court’s findings that the appellant has committed the offence.
“The court is not persuaded that the learned magistrate has erred whether in law or in fact on her findings to her decision and sentence on Aug 19, 2022 which this Court affirms.
“The appellant’s appeal is therefore dismissed. Full grounds of decision will be given in the event of an appeal,” Wong stated.
Rizal Kamil, 41, an Air Force personnel, was accused of punching his spouse in the head several times, causing her to sustain multiple injuries on Jun 6, 2019.
He was subsequently indicted in the Magistrate’s Court for voluntarily causing hurt to his wife at Ling Kai Cheng Road on Jun 6, 2019, thereby having committed an offence which is punishable under Section 323 of the Penal Code read together with section 326 of the Penal Code.
However, he pleaded not guilty and claimed trial.
On Aug 19 last year, he was convicted by the Magistrate’s Court after a full trial and sentenced to 12 months’ imprisonment from the date of conviction.
Dissatisfied with the court decision, he filed an appeal against his conviction and sentence through his legal counsel stating that the lower court had erred in fact and in law.
Deputy public prosecutor Mark Kenneth Netto argued that the appellant’s conviction was safe and that his sentence should not be set aside.
The High Court granted the appellant a stay of execution pending appeal to the Court of appeal on condition that the appellant executes a bail bond in a sum of RM10,000 with one surety and to file his notice of appeal within 14 days.
