MARZUKI BIN NASIRUDDIN

MARZUKI BIN NASIRUDDIN

Court found accused guilty on admitted facts of incest/rape of his daughter; weighing public interest, gravity of offence, victim trauma and prevalence of such offences outweighed mitigation of guilty plea and first offender status; statutory framework permits severe punishment and court imposed 18 years imprisonment and 10 strokes plus supervisory and rehabilitative orders as proportionate deterrent and protection of public.

Citation
PB-62JSK-32-06/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Marzuki bin Nasiruddin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 June 2022
Case Number
PB-62JSK-32-06/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (sexual Offences Incest/rape) / Conviction and Sentencing in Sessions Court; Appeal Filed by Accused
Outcome
Accused convicted and sentenced; appeal against sentence filed by accused
Legal Topics
Incest, Rape of a Child, Sentencing Principles, Mitigation and Aggravation, Victim Impact
Source Language
Malay/English
Criminal Law Sexual Offences Procedural Law Incest Rape of a Child Sentencing Principles Mitigation and Aggravation Victim Impact

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Parties

Pendakwa Raya

Prosecutor

Marzuki bin Nasiruddin

Accused

Procedural Posture

Criminal (sexual Offences Incest/rape) / Conviction and Sentencing in Sessions Court; Appeal Filed by Accused

Legal Issues

  1. 1 Whether accused committed offence under Section 376B(1) Kanun Keseksaan (incest/rape)
  2. 2 Appropriate and proportionate sentence within statutory range given seriousness and public interest
  3. 3 Weight to be given to guilty plea and first offender status versus aggravating factors including victim vulnerability and parental betrayal

Ratio Decidendi

Court found accused guilty on admitted facts of incest/rape of his daughter; weighing public interest, gravity of offence, victim trauma and prevalence of such offences outweighed mitigation of guilty plea and first offender status; statutory framework permits severe punishment and court imposed 18 years imprisonment and 10 strokes plus supervisory and rehabilitative orders as proportionate deterrent and protection of public.

Court Disposition

Accused convicted and sentenced; appeal against sentence filed by accused

Orders

  • Imprisonment for 18 years commencing from date of arrest
  • Ten (10) strokes of the rotan