- Illustrative photo
BANDAR SERI BEGAWAN: The Court of Appeal has dismissed a bid by an 18-year-old former hospital assistant to reduce his jail sentence for a knife-point robbery, ruling that the term imposed by the Intermediate Court was appropriate and not manifestly excessive.
Muhammad Danish Ilya Zunnurain Abdullah had appealed against a sentence of four years and seven months’ imprisonment with 12 strokes of the cane for robbing a convenience store cashier at knifepoint in the early hours of Jan 10, 2024.
The Court, led by Chief Justice Dato Seri Paduka Steven Chong, flanked by Justices Michael Peter Lunn and Edward Timothy Starbuck Woolley, found that the sentence imposed by Judge Harnita Zelda Skinner reflected the gravity and planning involved in the offence.
The appellant initially faced a more serious charge under section 392 read with section 398 of the Penal Code for armed robbery with a deadly weapon but pleaded guilty to a lesser charge of robbery under section 392, which still carries a maximum penalty of 30 years and at least 12 strokes.
According to Deputy Public Prosecutor Emily Goh’s case facts, the appellant drove his aunt’s car to Gadong after disguising the vehicle with false number plates.
He reverse-parked outside a convenience store, entered, and tried to negotiate a discounted drink before purchasing a drink and some sweets.
He then produced a knife from his pocket and demanded money from the cashier. He fled with BND310, and attempted to steal the cashier’s mobile phone but was unsuccessful.
Later that day, he was arrested by police. He admitted to the robbery, disclosed the location of the discarded false number plates, and made full restitution of the stolen amount. He had no prior convictions.
In sentencing, the Judge considered both aggravating and mitigating factors.
She noted the appellant’s youth, early guilty plea, and restitution, but also highlighted the premeditated nature of the crime and the use of a knife during a violent struggle.
Counsel for the appellant, Daud Ismail, argued that the sentence was excessive and sought a Community Service Order under the Offender (Probation and Community Service) Act, citing the case of Maimun Bte Hj Omar v Public Prosecutor.
He submitted that the appellant’s difficult upbringing and clean record warranted a non-custodial sentence.
However, the appellate panel ruled that the cited precedent was inapplicable, as it involved very different circumstances, including decade-old offences and significant procedural delays.
The Court found that the appellant’s robbery was deliberate, threatening, and required a deterrent sentence.
The Court also noted that the knife used—an ordinary kitchen knife with a sharp point—was shown to the sentencing judge and the appellate judges, who agreed it was capable of causing real harm.
“The Judge was entitled to take a serious view of the offence and to impose a sentence with deterrent effect in the broader public interest,” the Court stated in its ruling.
The appeal was dismissed. - Borneo Bulletin/ANN
