Youth’s jail term reduced for burning three houses

KOTA KINABALU: The High Court here yesterday reduced the jail sentence of a youth from 11 to eight years for three counts of mischief by setting three houses on fire.

Justice Datuk Nurchaya Arshad set aside the sentence imposed by the lower court on Mohd Faizil Saizal, 21, after allowing an appeal by the appellant against the sentences.

In her decision, Nurchaya held that Mohd Faizil, who is young and reckless, had pleaded guilty to the charge and the sentence would make the appellant think twice before committing the same offence.

“Eight years are not a short but a long time. It will make someone thinks twice of the heavy sentence,” she said.

Deputy public prosecutor Dominic Chew said that the appellant’s offence was serious and the sentences are to run concurrently which are proportionate to the three damaged houses, including his mother’s house.

The appellant, who was unrepresented, requested for leniency and told the court that he was angry with his mother, who wanted to sell the house, and thus, he set it on fire.

Mohd Faizil was sentenced to 11 years’ jail for each of the charges and were to run concurrently by the lower court here on March 16.

On the first count, the appellant’s sentence was reduced to six years for doing mischief by setting fire to his own mother’s house and caused damage to it at a village in Keningau on December 9, 2014.

On the second count, his sentence was substituted with eight years’ jail for the same offence for setting fire to his neighbour’s house at the same time and place.

On the third count, his jail sentence was substituted with eight years’ jail for committing a similar offence to another neighbour’s house at the same time and place.

All of the offences were framed under Section 436 of the Penal Code which carries a jail term of up to 20 years and liable to a fine upon conviction.

In a separate case, a Pakistani man, who was charged with entering Sabah illegally, had his case withdrawn by the Sessions Court.

Deputy registrar of the High Court, Mohd Hafizi Abdul Halim, who presided as a Sessions Court judge, made the decision on Abdul Latif Jumaani, 46, after prosecuting officer ASP Sabrina Jinius had withdrawn the charge against the accused.

The court also ordered Abdul Latif to be referred to the Immigration Department for further action.

Previously, the accused had made two bail applications on May 21 and May 29 this year respectively, but were rejected.

Then, the accused succeded his third bail application on June 4 and the judge released Abdul Latif on RM10,000 bail with two local sureties.

However, the bail was once again revoked by Nurchaya after allowing the revision application by deputy public prosecutor Afzan Abd Kahar on June 23.

Abdul Latif, who claimed to have testified in the Royal Commission of Inquiry (RCI), faces a charge under Section 6 (1) (c) of the Immigration Act 1959/63 for staying in the State without a valid travel document.

He is liable to a jail term of up to five years, or a maximum fine of RM10,000, and not less than six strokes of the cane, upon conviction.

Abdul Latif, who earned a living as a businessman, was arrested at his retail shop in Lok Kawi on May 13.

The accused was represented by his counsel, Dato’ Sri Rakhbir Singh.