Mansor Bin Endut [ ]

Mansor Bin Endut [ ]

The High Court found the Sessions Court applied correct sentencing principles, balanced mitigation and public interest, and imposed sentences proportionate to the gravity of offences (incest and sexual intercourse with a 16‑year‑old); there was no error in principle and therefore the appeal against sentence was dismissed and the sentences upheld.

Citation
BL-42JSKH-6-12/2021 (Mahkamah Tinggi)
Parties
Appellant: Mansor bin Endut; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 May 2022
Case Number
BL-42JSKH-6-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Against Sentence at High Court
Outcome
Appeal dismissed; sentences of Sessions Court upheld
Legal Topics
Rape of Minor, Sentencing, Proportionality, Incest, Supervision and Counselling Orders
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Rape of Minor Sentencing Proportionality Incest Supervision and Counselling Orders

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Parties

Mansor bin Endut

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence at High Court

Legal Issues

  1. 1 Whether the sentence imposed by the Sessions Court was excessive or manifestly inadequate
  2. 2 Whether the sentencing judge applied correct sentencing principles including proportionality and public interest
  3. 3 Whether mitigation warranted a reduced sentence given guilty plea and circumstances

Ratio Decidendi

The High Court found the Sessions Court applied correct sentencing principles, balanced mitigation and public interest, and imposed sentences proportionate to the gravity of offences (incest and sexual intercourse with a 16‑year‑old); there was no error in principle and therefore the appeal against sentence was dismissed and the sentences upheld.

Court Disposition

Appeal dismissed; sentences of Sessions Court upheld

Orders

  • Sentence for first amended charge: 20 years' imprisonment from date of arrest (11/8/2020)
  • Sentence for second amended charge: 20 years' imprisonment from date of arrest (11/8/2020), concurrent with first sentence