Drug trafficker loses appeal against sentence
BANDAR SERI BEGAWAN
A MAN who was jailed last year for drug trafficking had his appeal against sentence dismissed yesterday following the Court of Appeal ruling.
The appellant, Malaysian national Chrisman Yayah, pleaded guilty in October last year to the charge of possession of 30.2188 grams of methamphetamine for the purpose of trafficking on February 16, 2013.
The High Court judge sentenced the 39-year-old to serve 10 years in jail and eight strokes of the cane for the offence.
During the Court of Appeal session yesterday before the three-panel judges, Chrisman’s defence counsel Hj Daud Ismail argued that the High Court judge did not take into account all of the defendant’s mitigating factors such as the delay in prosecution and his good character.
Hj Daud further submitted that the sentence was excessive and wrong in principle.
In delivering the verdict yesterday, Justice Michael Peter Burrell dismissed the appeal on grounds that there was no undue delay in bringing the case to its conclusion and the High Court did take into account all of Chrisman’s mitigating factors.
He further said that the sentencing guideline for possession of methamphetamine between 30 and 40 grams was 15 to 20 years in jail after trial.
The High Court took a starting point of 15 years in jail and reduced it to 10 years imprisonment and eight strokes of the cane after giving a one-third discount.
The sentence, said Justice Burrell, was appropriate to the circumstances of the case.
The Brunei Times