MUAR: The High Court here today overturned a three-month jail sentence imposed on a widower for stealing a bunch of bananas, reducing the punishment to 10 days.
Judge Datuk Meor Hashimi Abdul Hamid ruled that the original sentence, handed down by the Batu Pahat Magistrate's Court, was disproportionate to the offence committed by the accused, Muhammad Fadil Ismail, 35.
"The court finds the magistrate's decision to be excessively severe, given the nature of the offence," said Meor Hashimi during the judicial review proceedings.
He replaced the sentence with a 10-day term, backdated to Fadil's arrest on Jan 4, effectively granting him release today.
Fadil, a lorry attendant, was sentenced last week after pleading guilty to stealing a bunch of Rastali bananas from a 56-year-old man's orchard in Parit Jaya, Kampung Sungai Bagan Laut, Rengit, early January.
The offence, prosecuted under Section 379 of the Penal Code, carries a maximum sentence of seven years' imprisonment, a fine, or both. Repeat offenders face both penalties.
Magistrate Nurasidah A. Rahman had initially sentenced him to three months in jail, starting from the date of his arrest.
The theft was discovered when the orchard owner, who had noticed frequent banana thefts, reviewed closed-circuit television footage from his property and identified Fadil as the perpetrator. The owner lodged a police report, leading to the accused's arrest.
With today's decision, Fadil's ordeal concludes, highlighting the High Court's stance on proportionate sentencing for minor offences.