Sentencing appeal denied as ‘untenable’

Fadley Faisal

A local man’s application to have his previous offence’s sentence to run concurrently with a later one was dismissed by the High Court recently for being “untenable”.

Muhd Mustaqim bin Haji Abdul Wahab was serving an 18 months’ jail sentence for theft when he was sentenced to another 18 months’ jail for theft and mischief.

The Magistrate’s Court ordered the latter’s sentence to commence after the former’s.

Muhd Mustaqim appealed before Chief Justice Dato Seri Paduka Steven Chong for the
sentences to run concurrently. The Chief Justice cited section 261 (1) of the Criminal Procedure Code where it “does not confer the court with such power (and) the discretion is confined to ordering a subsequent sentence of imprisonment to commence either immediately or at the expiration of the earlier sentence of imprisonment. “Clearly, the two sets of offences are wholly unrelated events and the imposition (of sentence) of the second term of imprisonment to start at the expiration of the first term of imprisonment is justified and the overall sentence of three years’ imprisonment is consonant with the principle of totallity.”

Prosecutors Hajah Siti Mu’izzah binti Haji Sabli and Mohammad Kamal Ariffin bin Ismail responded in the appeal decided last February 24.