KUCHING: A HIV patient was successful in a bid to reduce his five-year jail sentence to three years for retaining stolen property.
Court of Appeal (CA) judge Tan Sri Md Raus Sharif who sat with judges Datuk Sulong Matjeraie and Datuk Mohamed Apandi Ali, unanimously allowed Chiam Jun Ho’s application against his earlier sentence imposed by the High Court in Miri.
In Sept, 2009, Chiam, 37, was initially sentenced to two years’ jail in a Magistrates’ Court after he was found guilty of stealing a Toyota Hilux vehicle.
However, when he later appealed against the sentence in High Court, the presiding judge exercised his revisionary power to increase the jail term to five years.
The High Court ruled that the lower court’s decision was too lenient as the appellant had previous conviction.
Yesterday, when he appeared in the Court of Appeal, Chiam’s counsel Lim Lian Kee, submitted that theft of motor vehicles was rampant in Miri and therefore the accused did not deserve deterrent sentence.
Lim also told the judges that even though Chiam was said to have previous (conviction) history, the record of the offence was never tendered to the court.
“The appellant is suffering from HIV and may not have much time left, so he (Chiam) wants to spend the remaining moments of his life with his family,” Lim submitted the appeal on compassionate ground which the judges also agreed with.
Chiam was charged under Section 411 of the Penal Code which carries a maximum penalty of five years’ jail or fine, or both.
The offence was committed behind Dragon Inn in Miri at 6.15pm on March 19, 2009. DPP Heng Yan Loo appeared for the prosecution.