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Man’s appeal dismissed citing HIV

Fadley Faisal

A jailed thief’s appeal to have his sentence reduced, claiming that he is HIV positive and his family would suffer hardship from his incarceration, was dismissed by the High Court.

The High Court dismissed the jailed thief’s appeal on finding that his reasons should not affect the “correct sentence”.

Hasrin bin Kalong pleaded guilty to five charges of theft and one charge of displaying a false licence plate on a car, resulting in a sentence of two years and nine months’ jail.

Chief Justice Dato Seri Paduka Steven Chong, presiding in the application on May 10, said that despite having no medical evidence, “ill-health is not a mitigating factor except in the most exceptional cases when judicial mercy may be exercised”.

The Chief Justice further underlined that although the court sympathises with Hasrin’s family, suffering hardship without his support, “it cannot be one of the factors which can affect what would otherwise be the right sentence”.

Prosecutor Aeny Zullizam represented the Public Prosecutor for respondent in the application.