Bandar Seri Begawan - A man's appeal to reduce his sentence on theft was dismissed yesterday as the High Court decided there was no justification to interfere with sentence.
Muhammad Irwanshah bin Abdullah John Lee was charged in October under Section 380 of the Penal Code and sentenced to eight months imprisonment.
He pleaded for his sentence to be reduced because no one is taking care of his wife and children, and because his two-year-old daughter is always looking for him. As his wife is unemployed, he needs to support his wife and family.
In reply, DPP Dk Didi Pg Latiff as respondent argued that case law states that the starting point for offence under Section 380 Penal Code for an offender who pleads guilty and has a clear record like the appellant is 12 months imprisonment. The sentence he was imposed is significantly lower than the starting point.
DPP Dk Didi Latiff highlighted that the appellant was a security guard for G4S stationed at QESS, and this was where he stole the items for which the theft of which he was charged. This was a clear abuse of trust and is an aggravating factor.
In delivering judgment, Judge Dato Paduka Hairol Arni Haji Abd Majid stated that there were no relevant issues and reasons as to why it should interfere with the sentence.
"All that the appellant had are mitigating factors which had been relayed to the Magistrate's Court. Obviously, eight months was high but given the circumstances, it's not manifestly excessive to interfere with the sentence. The fact that he was working as a security guard and he was, in all account, to take care of the building but took advantage of the situation is a clear breach of trust. Magistrate's reasoning is justified in these offences. There is no justification to interfere with the sentence. Sentence is therefore justified and the appeal is dismissed accordingly," said the judge in dismissing the appeal.
--Courtesy of Borneo Bulletin