KK High Court mulling higher sentences for two incestuous rape cases
Kristy Inus
New Straits Times27 July 2018
KOTA KINABALU: On Wednesday, the High Court here will decide on appeals for higher sentences for two separate cases of incestuous rape.
Judge Ismail Brahim said he will deliver the ruling on Aug 1 for the petition of appeals presented by deputy public prosecutor Husna Abdul Halim today.
In the case involving a rubber tapper who was found guilty of three counts of raping his niece when she was aged between 12 (2008) and 20 (2016) in a village in Beaufort, Husna argued that concurrent jail sentences would be inadequate to punish the repeat offender.
The 54-year-old was sentenced to 20 years for the first offence, and 25 years for the second and third offences, as well as a total of 24 strokes of the cane.
However, the decision meted by the sessions court on Nov 6, 2017 ordered that the jail sentences run concurrently form the date of arrest in April last year.
“The sessions court, in passing judgement, had failed to reflect (on) the gravity of offences committed.
“The accused had been the victim’s (guardian) since she was a baby.
“The victim overcame fear to tell the truth to her mother and aunt. So the sentences running concurrently is inadequate. (The victim) was raped repeatedly almost every day,” reasoned Husna.
In his counter appeal, the man asked for a more lenient sentence as he is old and sickly, and suffers from high blood pressure and diabetes.
On the second case involving a 40-year-old man who was sentenced to 23 years’ jail and 12 strokes of the cane for one count count of raping his 13-year-old stepdaughter in May last year, Husna said the sentence passed by the sessions court on Nov 2, 2017 is inadequate and does not act as a deterrent.
The earlier ruling had also failed to consider that he man has to undergo rehabilitative counselling his period of detention. © New Straits Times Press
Kristy Inus
New Straits Times27 July 2018
KOTA KINABALU: On Wednesday, the High Court here will decide on appeals for higher sentences for two separate cases of incestuous rape.
Judge Ismail Brahim said he will deliver the ruling on Aug 1 for the petition of appeals presented by deputy public prosecutor Husna Abdul Halim today.
In the case involving a rubber tapper who was found guilty of three counts of raping his niece when she was aged between 12 (2008) and 20 (2016) in a village in Beaufort, Husna argued that concurrent jail sentences would be inadequate to punish the repeat offender.
The 54-year-old was sentenced to 20 years for the first offence, and 25 years for the second and third offences, as well as a total of 24 strokes of the cane.
However, the decision meted by the sessions court on Nov 6, 2017 ordered that the jail sentences run concurrently form the date of arrest in April last year.
“The sessions court, in passing judgement, had failed to reflect (on) the gravity of offences committed.
“The accused had been the victim’s (guardian) since she was a baby.
“The victim overcame fear to tell the truth to her mother and aunt. So the sentences running concurrently is inadequate. (The victim) was raped repeatedly almost every day,” reasoned Husna.
In his counter appeal, the man asked for a more lenient sentence as he is old and sickly, and suffers from high blood pressure and diabetes.
On the second case involving a 40-year-old man who was sentenced to 23 years’ jail and 12 strokes of the cane for one count count of raping his 13-year-old stepdaughter in May last year, Husna said the sentence passed by the sessions court on Nov 2, 2017 is inadequate and does not act as a deterrent.
The earlier ruling had also failed to consider that he man has to undergo rehabilitative counselling his period of detention. © New Straits Times Press
