A 23-year-old office assistant was sentenced to four years’ jail by the Intermediate Court yesterday after pleading guilty to distributing obscene photographs of a minor through a messaging platform.
Muhammad Nazirul Azmi bin Masdi admitted to one count under Section 293A of the Penal Code for distributing indecent images of a 15-year-old girl and agreed to have an additional charge of outraging modesty taken into consideration.
The court heard that Muhammad Nazirul Azmi developed an online relationship with the victim, which led to coercion and exploitation.
Deputy Public Prosecutor Hajah Mu’izzah binti Haji Sabli revealed that Muhammad Nazirul Azmi began messaging the victim in June 2023, gradually pressuring her to send inappropriate images. When she initially refused, he insisted and later threatened to expose their private conversations, forcing her to send explicit photos.
He later escalated the abuse by meeting her in person, where he sexually assaulted her and took further images without her consent. Between October and December 2023, Muhammad Nazirul Azmi sold 12 obscene images of the victim on Telegram to about 30 buyers, charging between BND10 and BND20, earning approximately BND300.
The matter came to light when an individual discovered an advertisement selling pornographic materials of young girls, including the victim, on Telegram. Posing as a buyer, the individual contacted Muhammad Nazirul Azmi, who confirmed that he had explicit images for sale.
This led to a police investigation, during which the victim was identified through one of her images in a school uniform. Muhammad Nazirul Azmi was arrested and forensic analysis of his phone confirmed the presence of the illicit images, as well as transactions linked to his bank account.
Lawyer Haji Daud Ismail of Messrs Daud Ismail and Company urged the court to consider mitigating factors, requesting leniency in sentencing, arguing against the imposition of whipping due to the defendant’s medical condition and stating that the offence did not warrant such a punishment.
The defence counsel emphasised the defendant’s remorse, potential for rehabilitation and positive contributions to society.
The defence counsel also proposed alternative sentences, such as a bond of good behaviour or community service, instead of a custodial sentence.
The prosecution called for a custodial sentence, highlighting several aggravating factors in the case: The defendant forced the victim to send obscene photographs and threatened to expose their conversations; the defendant sexually assaulted the victim and photographed the act without consent; the defendant sold the victim’s private images to around 30 people, potentially causing harm to her reputation and emotional distress; the defendant profited from selling the images.
The prosecution emphasised the severity of the crime, referencing a relevant case and recommended a starting sentence of six years’ imprisonment. The prosecution concluded by urging the court to impose an appropriate sentence based on these factors.
Judge Pengiran Masni binti Pengiran Haji Bahar gave considerations to the aggravating factors, gravity of the offence, consideration of probation or community service and custodial sentence.
The judge concluded that a custodial sentence was necessary to reflect the severity of the crime and to protect vulnerable individuals.
The judge referred to similar cases and established a starting point of six years for the sentence, reducing it to four years, given the circumstances of the case. – Fadley Faisal
