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Judicial CP - May 2003

Corpun file 11173

Brunei Direct, Bandar Seri Begawan, 29 May 2003

Ex-military man's 'excessive' sentence reduced

By Malai FadleyRizal

Bandar Seri Begawan -- The Court of Appeal allowed a reduction on a former military man's sentence which was imposed by the Intermediate Court after he was found guilty of committing unlawful carnal knowledge with a 15-year-old girl.

The Appeal Judge shaved off two years and two strokes from Mohammad Noorashikin bin Amba's sentence of four years' imprisonment and four strokes of the cane.

The Judge described the sentence imposed by the Intermediate Court upon Md Noorashikin to be 'out of line' where according to the judgement, the case was referred to reports of a number of similar cases, where it was learnt that the current sentence appear to be excessive when compared to the referred cases.

"This (two years and two strokes) is the minimum prescribed by the law. We appreciate that it is unusual to pass a minimum sentence where there had been in fact a plea of not guilty," said Judge Sir Derek Cons having considered of Md Noorashikin's guilty plea towards the charge he was facing.

It was revealed in the court's judgement that the victim had gone to see one of the military policeman on duty at the guardroom of the Royal Brunei Air Force at Berakas Camp in May two years ago.

She called up her friend to tell him that she was coming and her friend advised her otherwise.

Nevertheless, she still went.

Upon her arrival, her friend took her into a storeroom and kissed and cuddled for about ten minutes, but didn't have sex.

Later, her friend went back on duty while the victim stayed in the guardroom.

As described in the judgement, it happened by chance that Md Noorashikin was also in the same room as the victim.

At that time, Md Noorashikin was still a military policeman but on that day, he was off duty and was not wearing his uniform either as he was there because his car had broken down earlier.

A third policeman in the guardroom later hid Md Noorashikin and the victim in the storeroom and locked the door as he saw an officer approaching the guardroom. During their twenty minutes locked in the room, sexual intercourse took place between them.

The victim lodged a report the following day, and so did Md Noorashikin knowing that the police were making enquiries.

Ever since the incident happened, Md was dismissed from his job although he hadn't been in any kind of trouble before. -- Courtesy of Borneo Bulletin News

Corpun file 11171

Brunei Direct, BSB, 29 May 2003

Pep talk seven delinquents will not forget; CID commended

By Rol Ezam

Five local youngsters, aged 16 to 18, were sentenced to imprisonment with strokes of the cane while another two, aged 22 and 19, will only serve imprisonment, imposed by the Magistrate's Court yesterday. All the sentences are to run with effect from yesterday. The defendants were Wira Awang Hj Daud, 22, Md Adib Judin, 18, Abu Bakar Idris, 16, Md Shahiful Johardy Yussof, 19, Muhaimin Hj Abd Hamid, 18, Md Hairul Hj Yakob/ Asri, 18, and RCT SLD Mohd Amirul Azme Brahim, 18.

They were caught by the CID from Berakas Police District led by DCO Assistant Superintendent Yakub bin Ismail who had shown a very good job in curbing and bringing the defendants to court.

Wira, facing two charges, was sentenced to 2 months' imprisonment, Md Adib (15 charges) received 11 months and 4 weeks with 4 strokes, Abu Bakar (3 charges) to 2 months with 2 strokes, Md Shahiful (5 charges) to 4 months and 2 weeks, Muhaimin (9 charges) to 7 months with 2 strokes, Md Hairul (4 charges) to 2 months and 2 weeks with 2 strokes and Md Amirul (3 charges) - 2 months and 2 strokes.

Before passing the sentences yesterday, the presiding Magistrate, Hj Abdullah Soefri DSP Hj Abidin, took into his consideration that all the defendants had pleaded guilty to the charge, which saved the valuable time of the court and the prosecution.

The magistrate also said that during the investigations, all of them had given full co-operation to the police investigation officers as well as looking into their ages, which can be considered as mitigating factors.

The court also looked into the aggravating factors for the defendants.

He pointed out that all the defendants were very lucky because the prosecution, represented by Pg Isa Pg Hj Aliuddin, who stood on for the Public Prosecutor, did not charge them under a higher section which carries a heavier sentence of imprisonment as well as strokes of the rattan.

He said the prosecution only charged them with section 427 of the Penal Code (Cap 22), under which the penalty of imprisonment may be extended to 5 years with whipping of not less than 2 strokes. Meanwhile, if they were charged under section 457 of the Penal Code, they shall be punished with imprisonment for a term which may extend to 5 years and with whipping, and if the offence intended to be committed is theft, the term of imprisonment may extend to 15 years, as pointed out by Pg Isa yesterday.

The magistrate also stressed that all the defendants had wasted the opportunity of a free education provided by the government and instead indulge in criminal activities.

Not only that, he said they also committed mischief by damaging government property (school), house and car owned by the public.

And the offence was full well premeditated, the magistrate said.

As revealed in the charge, which was admitted by all the defendants to their respective charges, all the offences were committed between August last year to March this year in the early morning hours. They had stolen several electronic items and accessories, luxury watches, big sums of monies and school magazines.

They also committed mischief by causing wrongful damages to cars and to government school doors.

Courtesy of Borneo Bulletin

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