The Court of Appeal has reduced the sentence of a security guard convicted of housebreaking, following an appeal against the original sentence imposed by the Intermediate Court.
Sitting on Tuesday, the Court of Appeal, led by Chief Justice of the Supreme Court Dato Seri Paduka Steven Chong, with Justices Conrad Seagroatt and Edward Timothy Starbuck Woolley, handed down judgment after reviewing the case. The appellant, Muhamad Azizul bin Abdullah, represented by Brandon Chin Wei Chun and Anlan Hee Tze Khow from messrs Yusof Halim and Partners (pro bono), had pleaded guilty to three charges of housebreaking by night in May.
The original sentence, imposed by the Intermediate Court on May 20, was seven years and six months’ imprisonment, along with three strokes of the cane. The Public Prosecutor, represented by DPP Syafina Abdul Hadzid, had initially sought the original sentence. The appellant, a security guard at the Sungai Liang Industrial Park (SPARK), broke into the Multipurpose Hall on three separate occasions in April. He stole eight speakers from the hall, later selling one of them for cash and drugs. The stolen speakers had a total value of BND10,640, although five were recovered.
The case garnered attention due to the appellant’s claim that his actions were driven by financial desperation, particularly his inability to repay overpaid salary funds to his employer. His defence emphasised that the financial strain led him to commit the offences out of fear of losing his job.
However, the Court of Appeal found that while the appellant’s financial difficulties were a factor, his actions involved a gross breach of trust as he was employed to safeguard the premises. The appellate court considered the appellant’s guilty plea and clear criminal record but noted the serious nature of his offences, including his direct involvement in the sale of stolen goods. In its deliberations, the Court of Appeal concluded that the original sentence was “manifestly excessive” and adjusted the overall sentence to reflect a fairer assessment of the appellant’s criminality. The new sentence included a starting point of six years’ imprisonment and three strokes, which was subsequently reduced to four years’ imprisonment and two strokes after accounting for his guilty plea. – Fadley Faisal
