A 57-year-old durian orchard caretaker was fined a total of RM7,500 by the Magistrates’ Court here today after pleading guilty to two charges involving possession of a replica weapon and making a criminal threat against a man last week.
Choong Ah Cheng entered his guilty plea after the two charges were read out before Magistrate Nadratun Naim Mohd Saidi.
For the first offence, Choong was charged with possessing a replica weapon without lawful reason, namely a Hatsan AT44-10 QE air rifle bearing serial number 041521754. The weapon was allegedly found at a durian orchard in Bukit Gambir at about 10pm on Aug 5.
The offence was prosecuted under Section 36(1) of the Arms Act 1960, which provides for a jail term of up to one year, a fine of not more than RM5,000, or both upon conviction.
The second charge involved criminal intimidation. Choong was accused of threatening a 42-year-old man with serious injury at the same durian orchard at around 5pm on Aug 4.
The charge was brought under Section 506 of the Penal Code, which carries a maximum jail term of seven years, a fine, or both upon conviction.
Deputy Public Prosecutor Ahmad Danial Amir Saad urged the court to impose an appropriate sentence as a deterrent. However, defence lawyer Shariffah Farveen Syed Ibrahim appealed for a minimum fine, saying her client had no fixed income and was responsible for supporting his wife and daughter.
The lawyer also highlighted Choong’s guilty plea, saying it had saved the court’s time. She added that he had expressed remorse and promised not to repeat the offences.
After hearing both sides, the court fined Choong RM3,000 for possessing the replica weapon, with an eight-month jail term if he failed to pay.
For the criminal intimidation charge, he was fined RM4,500 and ordered to serve nine months in prison if he failed to settle the fine.
Based on the facts of the case, Choong had initially asked the complainant’s brother-in-law on Aug 3 not to lock a gate to his orchard so that he could use the access route to reach the durian orchard he was looking after.
The following day, the brother-in-law invited Choong to discuss the matter. During the meeting, Choong allegedly produced the air rifle and pointed it at the complainant while threatening him before leaving the scene.
The frightened complainant subsequently lodged a police report over the incident.
