[ ] SAWALDI BIN SUDIN

[ ] SAWALDI BIN SUDIN

Perayu's uncondioned guilty pleas warranted conviction but did not justify mitigation given the grave nature of repeated rape of his minor daughter, confirmed by DNA and resulting in childbirth; therefore impose 12 years imprisonment and 10 strokes for each of six counts, with sentences to run consecutively to reflect separate offences, plus rehabilitation and one-year police supervision after release.

Citation
DA-62JSK-65-07/2024 (Mahkamah Sesyen)
Parties
Perayu / Accused / Tertuduh: Sawaldi bin Sudin; Prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
12 September 2024
Case Number
DA-62JSK-65-07/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing and Conviction Recorded
Outcome
Perayu convicted on six counts of rape under s376(3) Kanun Keseksaan and sentenced to 12 years' imprisonment and 10 strokes of the rotan for each count; sentences to run consecutively; rehabilitation and counselling ordered during incarceration; one-year police supervision after release with monthly reporting.
Legal Topics
Rape, Incest, Sentencing, Corporal Punishment, DNA Evidence
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Rape Incest Sentencing Corporal Punishment DNA Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sawaldi bin Sudin

Perayu / Accused / Tertuduh

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Sentencing and Conviction Recorded

Legal Issues

  1. 1 Appropriate sentence for rape under s376(3) Kanun Keseksaan
  2. 2 Whether guilty plea attracts mitigation
  3. 3 Whether sentences should run concurrently or consecutively

Ratio Decidendi

Perayu's uncondioned guilty pleas warranted conviction but did not justify mitigation given the grave nature of repeated rape of his minor daughter, confirmed by DNA and resulting in childbirth; therefore impose 12 years imprisonment and 10 strokes for each of six counts, with sentences to run consecutively to reflect separate offences, plus rehabilitation and one-year police supervision after release.

Court Disposition

Perayu convicted on six counts of rape under s376(3) Kanun Keseksaan and sentenced to 12 years' imprisonment and 10 strokes of the rotan for each count; sentences to run consecutively; rehabilitation and counselling ordered during incarceration; one-year police supervision after release with monthly reporting.

Orders

  • Sentence of 12 years imprisonment and 10 strokes for each of six counts under s376(3) Kanun Keseksaan
  • Sentences to run consecutively (each sentence separate)