[ ] MOHD RAFIQ BIN RASEDI

[ ] MOHD RAFIQ BIN RASEDI

Given the gravity, repetition and aggravating relationship (stepfather to victim), the court ordered 10 years imprisonment and 12 strokes for each of three rape offences, with those sentences to run consecutively; the sentences comply with statutory minima and the totality principle and do not produce a crushing effect; total imprisonment is 30 years and total strokes 36 though only 24 strokes may be executed under procedure limits.

Citation
DJ-62JSK-10-04/2025 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD RAFIQ BIN RASEDI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
9 April 2025
Case Number
DJ-62JSK-10-04/2025 (Mahkamah Sesyen)
Procedural Posture
Criminal / Sentencing / Judgment
Outcome
Accused convicted (had earlier pleaded guilty) and sentenced
Legal Topics
Rape of Minor, Statutory Minimum Sentencing, Consecutive Versus Concurrent Sentences, One Transaction Rule, Totality Principle
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Sentencing Law Rape of Minor Statutory Minimum Sentencing Consecutive Versus Concurrent Sentences One Transaction Rule +1 more

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Parties

PENDAKWA RAYA

Prosecution

MOHD RAFIQ BIN RASEDI

Accused

Procedural Posture

Criminal / Sentencing / Judgment

Legal Issues

  1. 1 Appropriate sentence for rape of a minor and repeat offences
  2. 2 Whether sentences should run concurrently or consecutively
  3. 3 Application of statutory minima under Section 376(3) Penal Code and Section 16 AKSTKK 2017

Ratio Decidendi

Given the gravity, repetition and aggravating relationship (stepfather to victim), the court ordered 10 years imprisonment and 12 strokes for each of three rape offences, with those sentences to run consecutively; the sentences comply with statutory minima and the totality principle and do not produce a crushing effect; total imprisonment is 30 years and total strokes 36 though only 24 strokes may be executed under procedure limits.

Court Disposition

Accused convicted (had earlier pleaded guilty) and sentenced

Orders

  • Imprisonment of 10 years and 12 strokes for each of three charges
  • Sentences to run consecutively, total imprisonment 30 years