The Shah Alam High Court has overturned a 10-month jail term imposed on a man for domestic violence, saying it was justified in light of the case’s “bigger picture”.
Justice Aslam Zainuddin substituted the sentence imposed by a lower court on Zamiruddin Abdul Manaf, 49, for causing hurt to his then wife, Nazla Hamzah, 46, five years ago with a RM8,000 compound fine.
The judge said that in normal circumstances, an appellate court would be loath to alter a sentence imposed by the lower court.
However, he agreed to vary Zamiruddin’s sentence after his former wife, who was present in court, “very graciously agreed” to it.
Aslam said that when deciding on a sentence, a court should not act on the basis that “one size fits all”. Instead, it should weigh carefully the facts of each case before coming to a decision.
“This was a win-win outcome for both (parties),” he said.
Aslam acknowledged that Nazla had suffered soft tissue injuries in the assault.
“Even though this cannot be condoned in any circumstances, this court is of the view that it has to see the bigger picture in this case,” he said in a 16-page judgment.
He noted that Zamiruddin was still maintaining the three children from his marriage to Nazla following the couple’s divorce. The court also noted that he had another family to maintain.
“The appellant, who is working with a subsidiary of (a telecommunications company), would have lost his job if he had been imprisoned,” the judge said.
Zamiruddin was accused of committing the offence on Sept 13, 2020 at an apartment at Taman Kosas in Ampang, Selangor, and charged under Section 323 read with Section 326A of the Penal Code for causing hurt to a family member.
Section 323 provides that those found guilty of causing hurt may be jailed for up to a year or fined up to RM2,000 or both.
Section 326A states that any person who hurts his spouse shall be punished with imprisonment for up to twice the term prescribed under Section 323.
Aslam said he consented to the offence being compounded pursuant to Section 260 of the Criminal Procedure Code.
Section 260(1) provides that compounds may, with the court’s consent, be offered for certain offences even when a prosecution is pending.
Aslam said he was entitled to invoke Section 260 even at the appeal stage as an appeal is a continuation of a trial.
“In my view, there is nothing to prevent the offence from being compounded as Section 326A of the Penal Code is merely an enhancement of the punishment section,” he said.
The prosecution has filed an appeal on the sentence.
