Lawyers have decried a court ruling that saw a youth go from having to serve one year in prison to now serving three years in a reform school.

Muhammad Amirul Azwan Mohd Shakri, 19, had already served four months in prison for insulting Johor Crown Prince Tunku Ismail Sultan Ibrahim.

However, when his family filed an appeal to reduce the punishment, the High Court judge substituted the jail sentence and sent Amirul to the Henry Gurney School in Telok Mas, Malacca, until he is 21 years of age.

Lawyers for Liberty co-founder Eric Paulsen said this was excessive as Amirul is a youth, and a first time offender who pleaded guilty and had shown remorse.

"Even though it is not a prison, he's still incarcerated," Paulsen told Malaysiakini.

Lawyer Syahredzan Johan added that the judge had only prolonged Amirul's sentence, instead of reducing it.

Both Syahredzan and Paulsen also said the youth's offence was not a violent one, and as such did not warrant such punishment.

‘Sentence goes against the norm’

Suaram's Sevan Doraisamy said Amirul was also a first time offender, and the length of his sentence went against the norm.

Amirul was charged under Section 233 of the Communications and Multimedia Act (CMA) 1998, under which, upon conviction, he could be fined not more than RM50,000 or jailed not more than one year, or both.

The youth, who is a labourer, had requested in his appeal for the court to lighten his sentence as he is from a poor family, and had promised not to commit the offence again.
That is when the High Court sent him to a reform school instead.

The family plans to appeal the ruling with the Court of Appeal.

In contrast with the sentencing imposed on Amirul, former Malacca chief minister Rahim Thamby Chik (photo) was fined RM1,900 by the Sessions Court in Shah Alam for a Facebook comment he made last year Selangor Crown Prince Tengku Amir Shah.

Rahim and Amirul were both charged under the same section of the CMA.

Asked about the difference in sentencing, Paulsen replied that there has been too much prosecution under the CMA.

"Malaysians and the government should come to terms with social media. You have got to take the good and the bad.

"These are just frivolous (charges), even though (these online comments) 'tak manis' (are not nice), but at the end of the day, it shouldn't be considered crime," Paulsen added.