ZULFAIZAL BIN HASHIM

ZULFAIZAL BIN HASHIM

Court held that offences occurred on two distinct dates and did not form one transaction; therefore sentences of 10 years imprisonment and 10 strokes for each count were lawful and should run consecutively to total 20 years imprisonment and 20 strokes because the aggregate is within statutory maxima under s.376(3) and not excessive under the totality principle; ancillary orders for counselling and two years police supervision under the Child Sexual Offences Act 2017 were appropriate.

Citation
DJ-62JSK-44-11/2025 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused/defendant: Zulfaizal bin Hashim
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 November 2025
Case Number
DJ-62JSK-44-11/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial Sexual Offences Against a Child / Sentencing / Conviction
Outcome
Accused convicted on two counts of rape of a child; sentenced to a total of 20 years imprisonment and 20 strokes (10 years and 10 strokes per count) with sentences to run consecutively; counselling and police supervision orders imposed.
Legal Topics
Rape of a Child, Sentencing Principles, Consecutive Vs Concurrent Sentences, One Transaction Rule, Totality Principle, Caning/whipping, Orders for Counselling and Police Supervision
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Law Sentencing Law Rape of a Child Sentencing Principles Consecutive Vs Concurrent Sentences One Transaction Rule +3 more

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Parties

Pendakwa Raya

Prosecution

Zulfaizal bin Hashim

Accused/defendant

Procedural Posture

Criminal Trial Sexual Offences Against a Child / Sentencing / Conviction

Legal Issues

  1. 1 Whether sentences for two separate rapes of a child should run concurrently or consecutively
  2. 2 Appropriate quantum of imprisonment and mandatory corporal punishment under s.376(3) Penal Code
  3. 3 Applicability of caning despite accused's age under s.289(3) Criminal Procedure Code

Ratio Decidendi

Court held that offences occurred on two distinct dates and did not form one transaction; therefore sentences of 10 years imprisonment and 10 strokes for each count were lawful and should run consecutively to total 20 years imprisonment and 20 strokes because the aggregate is within statutory maxima under s.376(3) and not excessive under the totality principle; ancillary orders for counselling and two years police supervision under the Child Sexual Offences Act 2017 were appropriate.

Court Disposition

Accused convicted on two counts of rape of a child; sentenced to a total of 20 years imprisonment and 20 strokes (10 years and 10 strokes per count) with sentences to run consecutively; counselling and police supervision orders imposed.

Orders

  • Count 1: Imprisonment 10 years from date of conviction (17.11.2025) and 10 strokes
  • Count 2: Imprisonment 10 years and 10 strokes; imprisonment to run consecutively with Count 1