The Magistrate's Court in Kuala Lumpur today convicted the 23-year-old youth who was charged with stealing a mobile phone at Low Yat Plaza last year.

Magistrate Nur A'minahtul Mardiah Md Nor delivered the decision against Shahrul Anuar Abdul Aziz and sentenced him to four months jail and RM1,000 fine.

In delivering her decision, the judge said she could not ignore the "manner in which the crime was committed".

"I must take into consideration that during the course of the trial, he also pleaded guilty to another drug charge," Nur A'minahtul said.

She said this in rejecting an earlier application from counsel Shaharudin Ali, who appeared for Shahrul Anuar, for the court to grant him a good behaviour bond under Section 294 of the Criminal Procedure Code.

Earlier during mitigation, Shaharudin said that his client came from a poor family.

He also said his client was studying for seven months at Akedemi Binaan Malaysia to be a backhoe operator before the incident last year.

Deputy Public Prosecutor S Malini Anne, however, argued for a deterrent sentence on grounds that it was a serious offence and the accused was under the influence of drugs when committing the offence.

She also added that being poor was no excuse for stealing.

Stay of execution allowed

Nur A'minahtul allowed a stay of execution on the four-month prison sentence but ordered that the RM1,000 fine be paid immediately.

The stay was granted pending an appeal against the conviction.

Shaharuddin later told reporters the appeal will be filed on grounds that the mobile phone in question was not tendered as evidence during the proceeding.

"We will learn (during the appeal) whether we would be required to present the item that has been stolen," he said.

In his submission to request for the stay of execution, Shaharuddin had noted there was "no rush" to send Shahrul Anuar to jail.

Shahrul Anuar was charged with stealing a Lenovo S860 mobile phone worth RM800 from Techasia Boutique in Low Yat Plaza, in Bukit Bintang at 4.47pm on July 11, last year.

He was charged under Section 380 of the Penal Code, which carries a jail term of up to 10 years and fine.