The Court of Appeal recently dismissed a man’s appeal for a reduced sentence in a house-breaking case, citing that ill-health is not a mitigating factor for a lesser punishment, except in extraordinary circumstances.
Awangku Khairul Hanif bin Pengiran Rosli pleaded guilty in the Intermediate Court to house-breaking by night with intent to commit theft and was sentenced to four years’ imprisonment and two strokes of the cane.
He and an accomplice broke into a grocery store in Kampong Lumapas and stole cash and mobile phone recharge cards, with Awangku Khairul Hanif pocketing BND1,000 as his share. The appellant, aged 36, based his appeal on a medical condition.
A report from March 2023 stated that he was treated for seizures caused by a medical condition in June 2022. The report noted intermittent seizures and some confusion but found no abnormalities in recent MRI scans.
The doctor who authored the report, recommended ongoing medication for the condition. However, the court held that ill-health is not a mitigating factor except in extraordinary circumstances where judicial mercy might be warranted.
Citing previous cases, the appellate court concluded that a serious medical condition does not automatically justify a lesser sentence. They found no evidence that the appelant’s condition impeded the commission of his crime or that it could not be managed in prison. – Fadley Faisal
