Court dismisses application against convictions, seven-year jail sentence

Fadley Faisal

The Court of Appeal dismissed a man’s application against his convictions and seeking reduction in sentence.

In the judgement delivered earlier this month, Court of Appeal President Justice Michael Peter Burrell and Justices Conrad Seagroatt and Michael Victor Lunn considered Raubanizam bin Haji Raub’s application from the facts that he was convicted after a trial on a number of counts for housebreaking, theft, armed gang robbery and housebreaking by night between October and December 2016, landing him a sentence of seven years’ jail with 12 whippings.

“Nothing has been raised before us which constitutes a new or varied ground of argument, or in any way casts doubt on or criticism of the judge’s approach,” the appellate court said on dismissing the application against conviction.

The application to reduce the sentence was also dismissed by the three-member bench
appellate court.

“These were serious offences involving putting older house owners in fear at night. The carrying of knives or similar cutting instruments can inspire terror. Valuable property was stolen.

“The appellant has a bad criminal record,” the Court of Appeal Justices considered the application against the sentence.

“His sentence is not to be based on that factor (bad criminal record) but he cannot claim the benefit of a hitherto good character.

“He had only been recently released from a prison sentence before committing these offences,” Justice Michael Peter Burrell stated on the decision to dismiss the appeal.

The appellate court also gave thought that the resulting sentence should have been slightly higher and “this appellant may therefore consider himself fortunate in that respect”.

However, the court ordered the appellant’s sentence to be backdated 27 months prior to the date of sentencing for time spent in custody.

DPP Rozaimah binti Abdul Rahman represented the public prosecutor as respondent in the appeal.