OSMAN BIN KAMIS

OSMAN BIN KAMIS

Six-year sentences for each count were appropriate and not excessive given guilty pleas, the seriousness of repeated sexual assaults on an 11-year-old by a stepfather, and sentencing principles; because offences occurred on different dates/times/places they constitute distinct offences and the consecutive execution order is correct under s282(d) CPC.

Citation
RA-42JSKH-1-04/2022 (Mahkamah Tinggi)
Parties
Accused/appellant: Osman bin Kamis; Prosecution/appellant/respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 January 2024
Case Number
RA-42JSKH-1-04/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sexual Offences) / High Court Appellate Decision
Outcome
All appeals dismissed; Sessions Court convictions and sentences upheld.
Legal Topics
Indecent Assault, Sentencing, Consecutive Sentences, Section 14(a) AKKSTK
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Indecent Assault Sentencing Consecutive Sentences Section 14(a) AKKSTK

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Parties

Osman bin Kamis

Accused/appellant

Pendakwa Raya

Prosecution/appellant/respondent

Procedural Posture

Criminal Appeal (sexual Offences) / High Court Appellate Decision

Legal Issues

  1. 1 Whether the sentences imposed were excessive or unduly lenient
  2. 2 Whether the Sessions Court erred in ordering the four sentences to run consecutively

Ratio Decidendi

Six-year sentences for each count were appropriate and not excessive given guilty pleas, the seriousness of repeated sexual assaults on an 11-year-old by a stepfather, and sentencing principles; because offences occurred on different dates/times/places they constitute distinct offences and the consecutive execution order is correct under s282(d) CPC.

Court Disposition

All appeals dismissed; Sessions Court convictions and sentences upheld.

Orders

  • Appeals by Osman bin Kamis and the Pendakwa Raya dismissed.
  • Convictions by the Sessions Court affirmed.