KUCHING, April 5: Advocates Association of Sarawak (AAS) is calling on the judiciary to look into the circumstances of those accused of violating the law during the movement control order (MCO) period.
Its president Ranbir Singh Sangha believed the accused should be given the opportunity to prove their case before any judgement is made to sentence them to prison.
Ranbir in a statement asserted the judiciary must look into various factors such as whether the person has been tested for novel coronavirus (Covid-19) before sentencing an accused or offender into prison.
“Courts are vested with unfettered discretion to impose appropriate sentences within the confines of the law when accused persons plead guilty or are found guilty after a full trial.
“That unfettered discretion must not be interfered with and both aggravating and mitigating factors must be considered and balanced before any appropriate sentence is imposed.
“Such factors may include for example, whether the accused persons have been tested for the presence of Covid-19 or not,” according to Ranbir.
He asserted that the judiciary also needs to take into consideration several factors before making a sentence.
This includes whether the prison is overcrowded, the accused is a first-time offender, whether the accused is remorseful and displays that remorse by pleading guilty, and public interest.
He believed offenders who violated the law during MCO and are charged in court should not be subjected to sentences imposed in a blanket fashion.
Besides facing imprisonment and fine, Ranbir opined that offenders could be put on bonds of good behaviour pursuant to Section 294 of the Criminal Procedure Code or issue with a community service order.
Additionally, Ranbir noted the accused or offenders can apply for a stay of execution of prison sentences pending appeal to the High Court or have the matter called up by the High Court by way of revision.
He asserted that if accused persons are not sure about how to mitigate or obtain a stay of execution of sentence pending appeal, they may engage advocates who would have the necessary knowledge about the correct procedures.
Appeals may also be filed with courts through the Prisons Department if the accused is detained in prison.
In any event, he noted the best thing for the public to do at this moment is to comply with the MCO. — DayakDaily
