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Court of Appeal dismisses application for reduced sentence

The appellate court rejected an appeal for an extension of time to appeal a prison sentence for Pengiran Md Hasrin bin Pengiran Hassan.

Chief Justice Dato Seri Paduka Steven Chong, alongside Justices Conrad Seagroatt and Edward Timothy Starbuck Woolley, delivered the judgement on June 22, upholding the sentence imposed by the lower court.

On March 21, 2022, Pengiran Md Hasrin faced six charges in the Intermediate Court, including two counts of assisting in disposing stolen property, one count of criminal trespass to commit theft, two counts of house-breaking by night to commit theft and one count of receiving stolen property.

The applicant contested the first charge but pleaded guilty to the remaining five, leading Prosecutor Hajah Siti Mu’izzah binti Haji Sabli, to withdraw the first charge. Judge Radin Safiee bin Radin Mas Basiuni sentenced Pengiran Md Hasrin to an aggregate of five years and six months imprisonment, along with two whippings.

The charges detailed a series of thefts and break-ins committed by the applicant and his accomplices over a span of one year. On March 3, 2021, Pengiran Md Hasrin and an accomplice broke into a goldsmith shop at Jalan McArthur using a metal cutter, CCTV footage identified him stealing several items from the shop. In September 2021, Pengiran Md Hasrin used his boat to transport two men who broke into a mobile phone store at the waterfront in Bandar Seri Begawan, stealing 34 mobile phones, easi cards worth BND500, and BND2,500 in cash. The applicant received two stolen phones, which he sold for BND500.

On October 23, 2021, Pengiran Md Hasrin and an accomplice broke into a grocery store in Kampong Serdang, stealing food items, a mobile phone and over BND2,800 in cash, with CCTV footage again leading to his identification.

On January 27, 2022, Pengiran Md Hasrin sold stolen items from a grocery store break-in at Kampong Saba Darat ‘B’, including a “waterjet” and a welding machine, for BND80.

On March 12, 2022, the applicant was caught by a police patrol while attempting to steal from a food stall in Gadong, though his accomplice escaped.

In sentencing, the Intermediate Court judge referenced the severity of house-breaking offences, particularly those committed at night, which cause significant distress and potential fear to property owners. The applicant’s prior convictions for theft, mischief, and carrying offensive weapons in public places were also considered.

Despite the applicant’s appeal for a reduced sentence, citing hardship to his elderly mother and child, the court found no exceptional family circumstances to mitigate the offences.

Given the repetitive nature of his crimes and his antecedent history, the appellate court concluded that the original sentence was appropriate. – Fadley Faisal

PHOTO: FREEPIK
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