SIBU: A youth who returned to a house to steal motorcycle parts but was confronted by the homeowner’s son before brandishing a penknife and threatening to kill him was sentenced to six years’ imprisonment and two strokes of the cane by the Sessions Court here today (Sept 15).
Judge Musyiri Peet imposed the sentence on Muhammad Khairul Faizal of Kampung Hilir, after he pleaded guilty to an offence under Section 393 read with Section 397 of the Penal Code.
The court heard that the accused had armed himself with a penknife when confronted during the attempted theft at a house in Kampung Jeriah Abg Ramli, Jalan Oya, at about 2.30 am on Aug 29.
According to the facts of the case, the accused had earlier entered the house at about 2 am on Aug 28, when the occupants were away, and found motorcycle components belonging to the homeowner, including parts from a Modenas Kriss 110.
He subsequently decided to return the following day to take the items and sell them for money.
On Aug 29, the accused returned to the house and entered through the unlocked front door before proceeding to the room of the homeowner’s son, identified as Ahmad Qayyum Mikhael,17, where the motorcycle components were kept.
However, his plan was disrupted when Ahmad switched on the room light and spotted him.
The victim then shouted “Thief!”, prompting the accused to produce an orange penknife with a rusty blade measuring about 25cm and pointed it at him.
The accused further threatened the victim, saying: “Don’t come closer, if you come closer, I’ll kill you.”
The threat left the victim immediately fearful of being harmed.
The court also heard that the accused had admitted that he had entered the house the previous night and had returned with the intention of taking the motorcycle components.
The prosecution submitted that the use of the penknife significantly escalated the seriousness of the offence as it created a direct threat to the victim’s safety.
In seeking a deterrent sentence, the prosecution argued that the court should take into account the accused’s use of a dangerous weapon, the circumstances surrounding the offence and the potential danger posed to the victim.
The court, after considering the brief facts, the accused’s guilty plea, mitigation and the public interest, sentenced him to six years’ imprisonment effective from the date of conviction, together with two strokes of whipping.
The court also ordered the physical exhibit of the penknife, to be returned to the prosecution for disposal after the expiry of the appeal period.
