JUDGMENT

Richard Malanjum J:

Background Facts

This is an appeal by the appellant against his conviction and sentence on a charge of attempted theft of a motor vehicle under s. 511 read with s. 379A of the Penal Code. At the outset of the hearing learned counsel for the appellant informed the court that his client did not wish to proceed with the appeal against his conviction. Hence the hearing only dealt with the appeal against sentence.

On his conviction pursuant to his own plea of guilty the appellant was sentenced to a term of imprisonment of twelve (12) months. In passing sentence the learned magistrate was of the view, inter alia, that the minimum sentence to be imposed should be twelve months imprisonment by virtue of the provision under s. 379A of the Penal Code.

The charge against the appellant reads as follows:

Bahawa kamu, pada 01hb.

December, 1997, lebih kurang jam 04.00 pagi, bertempat di belakang Sabah Oxygen Kolombong batu 5275 Jalan Tuaran, didalam daerah Kota Kinabalu, didalam Negeri Sabah, cuba mencuri kereta Pick Up Nombor pendaftaran SS1967B jenis Ford, warna kuning, kepunyaan Aloh Bin Alias (L) 29 tahun dan telah dalam percubaan itu telah melakukan suatu per