The Court of Appeal quashed a BND3,000 fine imposed on Shambri bin Haji Tunjul but upheld his prison sentence for house trespass and theft, in a decision delivered on June 12.
Shambri bin Haji Tunjul was convicted in the Intermediate Court on August 3, 2022 after pleading guilty to one charge of house trespass with intent to commit theft and two charges of theft.
Shambri, with an accomplice, struck houses in Kampong Kupang and stole a chainsaw, two mobile phones, a power bank, a generator and a van on March 6, 2019. The generator and the van were later found burnt. He was sentenced to three years and six months in prison and a fine of BND3,000, or three months’ jail in default of payment. Shambri appealed the sentence, citing hardship his imprisonment would impose on his family, which included five children and a sibling living with a disability.
Chief Justice Dato Seri Paduka Steven Chong, sitting with Justices Conrad Seagroatt and Edward Timothy Starbuck Woolley noted that the fine was imposed on the premise that the stolen property was destroyed.
However, the court clarified that while the van and generator were found in a burnt state, there was no evidence to conclusively show they were destroyed.
Furthermore, under section 382 of the Criminal Procedure Code, fines should not be imposed in such contexts without clear statutory provision. – Fadley Faisal
