Abd Khalid Bin Hussin

Abd Khalid Bin Hussin

Appellate court reduced total imprisonment to 15 years (5 years under section 354 to remain; 20 years under section 376B reduced to 10 years) to reflect mitigating factors (age, guilty plea, first offence) while upholding the need to denounce and protect victims; whipping order was set aside as illegal because...

Source-derived case information.

Citation
AB-42S-7-06/2019 (Mahkamah Tinggi)
Parties
Appellant: Abd Khalid bin Hussin; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 November 2019
Case Number
AB-42S-7-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appellate Decision
Outcome
Appeal allowed; sentence reduced.
Legal Topics
Incest, Outrage of Modesty, Sentencing Reduction, Corporal Punishment (whipping), Police Supervision Order, Appellate Review
Criminal Law Sexual Offences Sentencing Criminal Procedure Incest Outrage of Modesty Sentencing Reduction Corporal Punishment (whipping) +2 more

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Parties

Abd Khalid bin Hussin

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appellate Decision

Legal Issues

  1. 1 Whether original sentences were excessive and required reduction
  2. 2 Whether whipping is lawful for a male over fifty and whether Section 376B is within the exception to section 289 CPC
  3. 3 Whether a police supervision order under section 295(1A) CPC can be imposed for an offence under section 376B

Ratio Decidendi

Appellate court reduced total imprisonment to 15 years (5 years under section 354 to remain; 20 years under section 376B reduced to 10 years) to reflect mitigating factors (age, guilty plea, first offence) while upholding the need to denounce and protect victims; whipping order was set aside as illegal because section 376B is not within the exceptions to section 289 CPC for males over fifty; police supervision order under section 295(1A) was set aside because the provision does not specifically reference incest under section 376B.

Court Disposition

Appeal allowed; sentence reduced.

Orders

  • Sentence of imprisonment reduced to a total of 15 years: 5 years for offence under section 354 Penal Code and 10 years for offence under section 376B Penal Code; sentences to run consecutively.
  • Sentence of whipping (12 strokes) set aside.