Thief’s appeal for concurrent sentence dismissed

Fadley Faisal

The High Court on Monday dismissed a man’s appeal for his jail sentences from two separate cases to be concurrent.

Sharin bin Mohammad first claimed trial to charges of theft and mischief involving electric cables and was released on bail.

While Sharin was on bail awaiting trial, he committed trespassing into royal property on February 10, 2020.

He also claimed trial to the trespassing charge but was convicted on July 18, 2020 in which he was sentenced to three years’ jail and three whippings.

He later received a sentence of four years and four month’s jail after changing his plea to guilty to the charges of theft and mischief on August 5, 2020.

Sharin’s ground of appeal is that the sentencing magistrate in the theft and mischief charges was wrong to order the sentence to run at the expiration of his existing sentence, and instead suggested for them to run concurrently.

Chief Justice Dato Seri Paduka Steven Chong cited a case law where a magistrate has the discretion to order jail sentences either immediately or at the expiration of an existence jail sentence, considering that the two offences were of completely different nature unrelated to each other.

“The magistrate was correct to order the second sentence to commence at the expiration of the first sentence,” the Chief Justice added on dismissing the appeal.

Prosecutors Hajah Siti Mu’izzah binti Haji Sabli and Syafina binti Abdul Hadzid represented the Public Prosecutor as respondents.