[ ] Shukri Bin Abdullah

[ ] Shukri Bin Abdullah

The High Court allowed the prosecution appeal in part, holding the one-year sentence for the s14(d) Akta 792 offence was manifestly inadequate given statutory maxima and applicability of s16; the sentence for s14(d) was increased to 5 years to run from the end of the earlier s376(3) sentence, the s376(3) sentences were upheld, total imprisonment fixed at 17 years and total strokes limited to 24, and a two-year police supervision order under s27 was made to commence after release.

Citation
DA-42JSKH-5-03/2023 (Mahkamah Tinggi)
Parties
Perayu: Pendakwa Raya; Respondent/accused: Shukri bin Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 May 2024
Case Number
DA-42JSKH-5-03/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court (appeal From Sessions Court)
Outcome
Appeal allowed in part; sentence under s14(d) Akta 792 increased; other sentences upheld.
Legal Topics
Rape (s376(3) Penal Code), Sexual Offences Against Children (akta 792 S14), Enhanced Sentence for Breach of Trust (akta 792 S16), Police Supervision Order (akta 792 S27), Appeal Against Sentence
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Sentencing Law Procedural Law Rape (s376(3) Penal Code) Sexual Offences Against Children (akta 792 S14) Enhanced Sentence for Breach of Trust (akta 792 S16) +2 more

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 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Perayu

Shukri bin Abdullah

Respondent/accused

Procedural Posture

Criminal Appeal / High Court (appeal From Sessions Court)

Legal Issues

  1. 1 Whether the sentence for offence under s14(d) Akta 792 was manifestly inadequate
  2. 2 Whether s16 (enhanced sentence for breach of trust) and s27 (police supervision) of Akta 792 applied
  3. 3 Whether the Sessions Court sentence for s376(3) was appropriate and required interference

Ratio Decidendi

The High Court allowed the prosecution appeal in part, holding the one-year sentence for the s14(d) Akta 792 offence was manifestly inadequate given statutory maxima and applicability of s16; the sentence for s14(d) was increased to 5 years to run from the end of the earlier s376(3) sentence, the s376(3) sentences were upheld, total imprisonment fixed at 17 years and total strokes limited to 24, and a two-year police supervision order under s27 was made to commence after release.

Court Disposition

Appeal allowed in part; sentence under s14(d) Akta 792 increased; other sentences upheld.

Orders

  • Increase sentence for offence under s14(d) Akta 792 to 5 years imprisonment to commence upon completion of the s376(3) sentence
  • Maintain sentence of 12 years imprisonment and 10 strokes for the principal s376(3) conviction and uphold concurrent operation as ordered by Sessions Court for related s376(3) counts