SAMSUDIN BIN MD SUPPIAN

SAMSUDIN BIN MD SUPPIAN

The guilty plea was voluntary, unqualified and supported by sufficient evidence (including early medical report); therefore appeal against conviction was barred under s.305 CPC and dismissed. On sentence the High Court found the original term manifestly inadequate given the gravity and persistence of the offence against a young child and allowed the prosecution's cross-appeal to increase imprisonment from 18 to 20 years while maintaining ancillary orders; no error in the lower court's application of principles except inadequate quantum of imprisonment.

Citation
BA-42JSKS-6-08/2021 (Mahkamah Tinggi)
Parties
Appellant; Respondent in Cross Appeal: Samsudin bin Md Suppian; Respondent; Appellant (cross Appeal): Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2022
Case Number
BA-42JSKS-6-08/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sexual Offences Against Children) / High Court Appeal and Cross Appeal Against Conviction and Sentence From Mahkamah Jenayah Seksual Terhadap Kanak Kanak Putrajaya
Outcome
Appeal by accused dismissed; conviction upheld. Prosecution cross-appeal allowed in part and sentence increased.
Legal Topics
Rape (s.376 B), Sexual Offences Against Children Act 2017, Appeal Against Conviction and Sentence, Victim Impact Statement, Guilty Plea/plea Voluntariness
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Criminal Procedure Rape (s.376 B) Sexual Offences Against Children Act 2017 Appeal Against Conviction and Sentence Victim Impact Statement +1 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 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Samsudin bin Md Suppian

Appellant; Respondent in Cross Appeal

Pendakwa Raya

Respondent; Appellant (cross Appeal)

Procedural Posture

Criminal Appeal (sexual Offences Against Children) / High Court Appeal and Cross Appeal Against Conviction and Sentence From Mahkamah Jenayah Seksual Terhadap Kanak Kanak Putrajaya

Legal Issues

  1. 1 Whether guilty plea was voluntary and therefore limits scope of appeal
  2. 2 Whether appellate court may interfere with conviction after an unqualified plea
  3. 3 Whether sentence was manifestly inadequate and should be increased

Ratio Decidendi

The guilty plea was voluntary, unqualified and supported by sufficient evidence (including early medical report); therefore appeal against conviction was barred under s.305 CPC and dismissed. On sentence the High Court found the original term manifestly inadequate given the gravity and persistence of the offence against a young child and allowed the prosecution's cross-appeal to increase imprisonment from 18 to 20 years while maintaining ancillary orders; no error in the lower court's application of principles except inadequate quantum of imprisonment.

Court Disposition

Appeal by accused dismissed; conviction upheld. Prosecution cross-appeal allowed in part and sentence increased.

Orders

  • Appeal dismissed and conviction for offence under s.376B of the Penal Code upheld
  • Original sentence of 18 years imprisonment varied to 20 years imprisonment from date of arrest