Latest news with #IntermediateCourt
The Star
14 hours ago
- The Star
Court dismisses former Brunei narcotics officer's appeal against jail term
BANDAR SERI BEGAWAN: The Court of Appeal has dismissed an appeal by a former Assistant Narcotics Officer against his three-year jail sentence for criminal breach of trust by a public servant. Mohd Asmawi Zulkifli was convicted by the Intermediate Court on 29 April 2024, following a trial, for misappropriating exhibits under his custody during a drug-related investigation in 2016. The exhibits — BND1,075 in cash and a mobile phone — had been entrusted to him for safekeeping in the Narcotics Control Bureau's strong room at its Tutong branch. Instead, he misappropriated the items. The Intermediate Court sentenced the applicant to three years' imprisonment, ruling that the return of the misappropriated items carried little mitigating weight, as the breach had compromised the integrity of the investigation. The court also found no sufficient medical basis to warrant judicial mercy. In his application before the Court of Appeal, the applicant sought leave to appeal against the sentence out of time, primarily citing deteriorating health following brain surgery, as well as the hardship faced by his dependent family. He also raised concerns for his personal safety in prison, alleging that he had received verbal threats from other inmates. The appellate court, comprising Chief Justice Datuk Seri Paduka Steven Chong, Justices Michael Lunn, and Sir Peter Gross, found no merit in the argument that the sentence was manifestly excessive. The court acknowledged the seriousness of the applicant's medical condition but noted it was manageable within the prison system. It also confirmed that prison authorities had implemented precautionary measures, including placing the applicant in a single-occupancy cell for his safety. The court reiterated the established principle that a serious medical condition does not, on its own, justify a reduced sentence unless exceptional circumstances are present. In this case, it agreed with the Intermediate Court's assessment that the threshold for judicial mercy had not been met. Finding no arguable case for the appeal, the Court of Appeal refused the application. The respondent was represented by Deputy Public Prosecutor Pengiran Nor 'Azmeena Pengiran Mohiddin, while the applicant represented himself. - Borneo Bulletin/ANN
The Star
20 hours ago
- The Star
Serial thief loses appeal to reduce six-year jail term
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
