The Court of Appeal recently came to an inevitable decision to uphold an arsonist’s sentence of three years’ jail and six whippings.
Awangku Muhammad Hafiz Dzulfadhly bin Pengiran Hassanal Ariffin received the sentence after he pleaded guilty on December 22, 2022 to a charge of mischief by fire.
Prosecutor Syafina binti Abdul Hadzid said the appellant bought kerosene the night before the incident and brought it to a café at 5am on January 14, 2021.
He wore layered clothing to conceal his identity.
The appellant poured kerosene and set fire to the café before leaving.
He then burned the extra layers of clothing with leftover kerosene and threw them into a river.
The appellant then returned to the café and acted innocent.
The police recognised the appellant’s car licence plate from the café’s CCTV footage.
Investigations led to police visiting the appellant’s house and brought him to the police station where he admitted to the offence.
Presiding over the Court of Appeal, Chief Justice Dato Seri Paduka Steven Chong, sitting with Justices Michael Peter Burrell and Conrad Seagroatt, saw that the sentencing judge’s approach was appropriate in weighing the case on aggravating factors.
Lawyer Robin Cheok Van Kee of messrs Cheok represented the appellant, and in the Intermediate Court, attempted to persuade both courts to pass a probation order.
The appellate court, after examining the case circumstances, found the sentence not manifestly excessive and that the imposition of six whippings was mandatory by law. – Fadley Faisal
