OSMAN BIN KAMIS

OSMAN BIN KAMIS

The court held that six years' imprisonment for each count was appropriate given the seriousness of repeated physical sexual assaults on an 11-year-old victim and the accused's position as stepfather, and that because each offence occurred on different dates/times/places/manner they constituted four distinct offences so the sentences were properly ordered to run consecutively, resulting in a total effective sentence of 24 years which the court upheld.

Citation
RA-42JSKS-3-04/2022 (Mahkamah Tinggi)
Parties
Perayu/responden: Osman bin Kamis; Responden/perayu: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 January 2024
Case Number
RA-42JSKS-3-04/2022 (Mahkamah Tinggi)
Procedural Posture
Rayuan Jenayah / Consolidated Criminal Appeal — Judgment on Sentence and Order for Sentences to Run Consecutively
Outcome
Both appeals dismissed; Sessions Court conviction and sentence upheld.
Legal Topics
Sentencing, Consecutive Vs Concurrent Sentences, Guilty Plea Reduction, Section 14(a) AKKSTK
Source Language
Malay/English
Criminal Law Child Sexual Offences Sentencing Law Sentencing Consecutive Vs Concurrent Sentences Guilty Plea Reduction Section 14(a) AKKSTK

Case Brief

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Parties

Osman bin Kamis

Perayu/responden

Pendakwa Raya

Responden/perayu

Procedural Posture

Rayuan Jenayah / Consolidated Criminal Appeal — Judgment on Sentence and Order for Sentences to Run Consecutively

Legal Issues

  1. 1 Whether the sentence imposed by the Sessions Court was manifestly excessive or unduly lenient
  2. 2 Whether the Sessions Court erred in ordering the four sentences to run consecutively rather than concurrently

Ratio Decidendi

The court held that six years' imprisonment for each count was appropriate given the seriousness of repeated physical sexual assaults on an 11-year-old victim and the accused's position as stepfather, and that because each offence occurred on different dates/times/places/manner they constituted four distinct offences so the sentences were properly ordered to run consecutively, resulting in a total effective sentence of 24 years which the court upheld.

Court Disposition

Both appeals dismissed; Sessions Court conviction and sentence upheld.

Orders

  • Dismissed the appellant's and the prosecution's appeals
  • Maintain imprisonment of 6 years for each of the four convictions under section 14(a) AKKSTK