BANDAR SERI BEGAWAN: The Court of Appeal on June 17 ordered the jail term of a man convicted of housebreaking to be backdated to his first remand, after finding the sentencing court had erred in not doing so.
Muhammad Nurilham Mohammad Nasri was originally sentenced to three years and six months’ imprisonment and three strokes of the cane by the Intermediate Court on August 28, 2023, after being found guilty of housebreaking with intent to commit theft.
He was charged alongside a co-accused under Section 454 of the Penal Code for breaking into a home in Kampong Madang on January 4, 2022, stealing various items including a laptop, cash, tools, clothing and a gas cylinder, amounting to an estimated BND1,335 (US$1,051) in value.
While his co-accused pleaded guilty and received a three-year sentence with two strokes, Nurilham claimed trial and was convicted following the hearing.
At the appeal, Nurilham—representing himself—sought to have his sentence backdated to his initial remand on January 12, 2022, citing that he had been in custody without bail since then and highlighting the hardship faced by his family, including his elderly parents and five siblings.
Deputy Public Prosecutor Siti Muizzah Sabli did not oppose the appeal on this issue, acknowledging that sentencing should have taken into account time already served, in line with past precedent.
Chief Justice Datuk Seri Paduka Steven Chong, sitting with Justices Michael Lunn and Edward Timothy Starbuck Woolley, agreed, referencing the case of Abdul Rashid bin Hj Libut v Public Prosecutor, where similar circumstances warranted a backdating of sentence.
The court stressed that while Nurilham’s criminal record, including seven prior theft convictions, justified a custodial sentence, fairness required recognition of time spent on remand.
“The custodial sentence should be backdated to the date of the Applicant’s initial remand,” the court ruled. “The appeal is allowed to that extent. All other aspects of the sentence, including the strokes, are affirmed.” - Borneo Bulletin/ANN
