Muhammad Ishaq bin Krishnan

Muhammad Ishaq bin Krishnan

The High Court allowed the prosecution's appeal and enhanced the sentence for Section 377C to 14 years imprisonment and four strokes of whipping, finding the Sessions Court's 10-year term manifestly inadequate and its reliance on Ch'ng Lian Eng misplaced; the court held the offences were distinct and ordered the sentences for the first and second offences to run consecutively while the third runs concurrently with the first.

Citation
WA-42H-45-11/2019 (Mahkamah Tinggi)
Parties
Appellant/respondent: Public Prosecutor; Respondent/appellant: Muhammad Ishaq bin Krishnan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 March 2021
Case Number
WA-42H-45-11/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Cross Appeal Against Sentence in High Court
Outcome
Appeal by the prosecution allowed; appeal by the accused dismissed; sentence enhanced
Legal Topics
Section 377 C Penal Code (unnatural Intercourse), Section 292(a) Penal Code (obscene Material), Section 354 Penal Code (assault/outraging Modesty), Consecutive Vs Concurrent Sentencing, Corporal Punishment (whipping)
Source Language
Malay/English
Criminal Law Penal Code Sentencing Sexual Offences Section 377 C Penal Code (unnatural Intercourse) Section 292(a) Penal Code (obscene Material) Section 354 Penal Code (assault/outraging Modesty) Consecutive Vs Concurrent Sentencing +1 more

Case Brief

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Parties

Public Prosecutor

Appellant/respondent

Muhammad Ishaq bin Krishnan

Respondent/appellant

Procedural Posture

Criminal Appeal / Cross Appeal Against Sentence in High Court

Legal Issues

  1. 1 Whether the Sessions Court judge erred in imposing a manifestly inadequate sentence for Section 377C
  2. 2 Whether the learned Sessions Court Judge wrongly relied on Ch'ng Lian Eng in assessing victim contribution
  3. 3 Whether sentences for the distinct offences should run consecutively or concurrently

Ratio Decidendi

The High Court allowed the prosecution's appeal and enhanced the sentence for Section 377C to 14 years imprisonment and four strokes of whipping, finding the Sessions Court's 10-year term manifestly inadequate and its reliance on Ch'ng Lian Eng misplaced; the court held the offences were distinct and ordered the sentences for the first and second offences to run consecutively while the third runs concurrently with the first.

Court Disposition

Appeal by the prosecution allowed; appeal by the accused dismissed; sentence enhanced

Orders

  • Section 377C Penal Code: 14 years imprisonment and four strokes of whipping
  • Section 292(a) Penal Code: 1 year imprisonment