Mohammad Khairol Azizan bin Abdul Karim on June 12 received a reduced prison sentence from the Court of Appeal. The original five-year sentence was lowered to four years.
Chief Justice Dato Seri Paduka Steven Chong, along with Justices Conrad Seagroatt and Edward Timothy Starbuck Woolley, presided over the case. Prosecutor Ahmad Firdaus bin Mohammad explained that the incident occurred on January 11, 2015. During a gambling session, Mohammad Khairol (the appellant) lost BND2,000 to another individual (the victim).
The following day, with an accomplice’s help, Mohammad Khairol attacked the victim in a Kampong Tungku car park using a metal rod. He stole BND1,000 and inflicted injuries on the victim.
Mohammad Khairol initially pleaded guilty to gang robbery under Section 395 of the Penal Code. The Intermediate Court sentenced him to five years in prison and 12 strokes of the cane. However, he appealed the verdict, claiming it was excessively harsh, especially considering he is a widower with three dependent children.
The appeal revealed that the Intermediate Court Judge mistakenly believed Mohammad Khairol had a prior conviction. The prosecution acknowledged this error and Mohammad Khairol’s assistance in their case against his accomplice.
Chief Justice Dato Seri Paduka Chong stressed the importance of accurate court considerations. He highlighted the prosecution’s responsibility to rectify factual errors during sentencing. While acknowledging the hardship faced by Mohammad Khairol’s family, the Court of Appeal maintained that such circumstances typically don’t influence sentencing in serious offences.
The Court of Appeal concluded that the original sentence was appropriate for a gang-robbery offence, even for a first-time offender. However, they reduced the sentence due to Mohammad Khairol’s cooperation with the prosecution. – Fadley Faisal
