BANDAR SERI BEGAWAN: A man convicted of multiple theft and housebreaking offences failed in his attempt to reduce his six-year jail sentence, after the Court of Appeal dismissed his application to appeal out of time.
Fuad Ibrahim had pleaded guilty to three separate offences—housebreaking, theft in a building and house trespass—committed between January and October 2021. He was sentenced to an aggregate of six years’ imprisonment with two strokes of the cane by the Intermediate Court in September 2023.
Fuad’s application for leave to appeal argued that his sentences should run concurrently, citing his family responsibilities, medical condition (hemorrhoids) and cooperation with authorities.
However, the Court of Appeal, presided by Chief Justice Dato Seri Paduka Steven Chong, with Justices Michael Lunn and Edward Timothy Starbuck Woolley, rejected the application.
The court heard that Fuad’s crimes involved separate incidents over a 10-month period. These included breaking into a home in Kampong Jangsak, stealing electronics and jewellery and later stealing BND10,500 from a cafe owner’s bag.
Another burglary involved breaking into a house in Limau Manis and stealing valuables while the owner was working offshore.
Despite Fuad’s eventual guilty plea, the court noted that it was only entered after the trial had already been set to proceed, and not at the earliest opportunity. His long criminal history, spanning 21 prior convictions for theft-related offences since 2007, weighed heavily against him.
In delivering the judgment, the court emphasised that Fuad’s offending showed a pattern of repeat criminality with no evidence of rehabilitation, justifying consecutive sentences.
The judges also found that the original sentencing judge had already been generous in granting a one-third discount on each sentence due to the guilty plea.
With no arguable merit to the appeal, the Court of Appeal concluded that granting an extension of time would serve no useful purpose, and dismissed the application.
Fuad will continue to serve his six-year sentence with two strokes of the cane.
Deputy Public Prosecutor Ahmad Firdaus Mohammad represented the respondent. – Borneo Bulletin/ANN
