MUHAMMAD AFFIQ BIN MUHAMAD SHARIF

MUHAMMAD AFFIQ BIN MUHAMAD SHARIF

The Court dismissed the appeal and affirmed the Sessions Court sentences because the sentencing judge properly balanced public interest and the appellant's mitigation; the offences involved children (including a sibling), planning and repeat offending warranted deterrent, largely consecutive (or separate) sentences for distinct offences were justified, the guilty plea was considered but insufficient to materially reduce sentences given aggravating factors, and the total corporal punishment must be capped at the statutory maximum of 24 strokes under applicable procedure law.

Citation
WA-42JSKH-7-07/2022 (Mahkamah Tinggi)
Parties
Appellant/accused: Muhammad Affiq bin Muhamad Sharif; Respondent/prosecution: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 March 2023
Case Number
WA-42JSKH-7-07/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sexual Offences) / Appeal Against Sentence to the Court of Appeal After Conviction and Sentencing in the Sessions Court and Dismissal by the High Court
Outcome
Appeal dismissed; sentences of the Sessions Court and orders of the High Court affirmed
Legal Topics
Rape of Minors, Sentencing Principles, Concurrent Vs Consecutive Sentences, Plea Discount, Corporal Punishment Limits
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Sentencing Law Rape of Minors Sentencing Principles Concurrent Vs Consecutive Sentences Plea Discount +1 more

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Parties

Muhammad Affiq bin Muhamad Sharif

Appellant/accused

Public Prosecutor

Respondent/prosecution

Procedural Posture

Criminal Appeal (sexual Offences) / Appeal Against Sentence to the Court of Appeal After Conviction and Sentencing in the Sessions Court and Dismissal by the High Court

Legal Issues

  1. 1 Appropriate sentences for rape of minors including sibling victim
  2. 2 Whether sentences for distinct offences should run concurrently or consecutively
  3. 3 Extent of mitigation for guilty plea and personal circumstances

Ratio Decidendi

The Court dismissed the appeal and affirmed the Sessions Court sentences because the sentencing judge properly balanced public interest and the appellant's mitigation; the offences involved children (including a sibling), planning and repeat offending warranted deterrent, largely consecutive (or separate) sentences for distinct offences were justified, the guilty plea was considered but insufficient to materially reduce sentences given aggravating factors, and the total corporal punishment must be capped at the statutory maximum of 24 strokes under applicable procedure law.

Court Disposition

Appeal dismissed; sentences of the Sessions Court and orders of the High Court affirmed

Orders

  • Appeal dismissed and convictions and sentences affirmed.
  • Pertuduhan pertama: 5 years imprisonment from remand 12.7.2021, 2 strokes of the rotan, counselling in prison and 2 years police supervision on release.